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When probate disputes arise, they usually arrive at a difficult moment — a family that has just lost someone, and now finds itself in disagreement over what that person intended, what the estate contains, or how it should be handled. Probate litigation is the process of resolving those disputes when the parties can't work them out on their own.

Our firm handles probate litigation on behalf of beneficiaries, heirs, executors, and trustees across Montgomery and Greene Counties. We approach these cases with the studious preparation that defines the rest of our work — and with a keen awareness that the parties are often family members whose relationships will outlast the case.

Adam J. Arnold
Practice Area Lead
Concentrates in Estate, Business, Probate, and Criminal matters.

Types of Probate Disputes We Handle

  • Will contests (undue influence, lack of capacity, improper execution)
  • Trust contests and trust construction disputes
  • Actions against executors and trustees for breach of fiduciary duty
  • Claims for removal of executors or trustees
  • Beneficiary rights enforcement
  • Accounting disputes
  • Concealment of assets actions
  • Elder financial exploitation claims
  • Contested guardianships
  • Disputes over jointly-held property and beneficiary designations

Common Situations

The Will That Doesn't Look Right

A new will surfaces after death, favoring one child over the others — or a caregiver over the family. Or the will contains provisions that don't match anything the decedent ever said in life. When something feels wrong, it's worth an honest legal assessment before letting it stand.

The Executor Who Won't Communicate

Beneficiaries have a right to information about the estate. When an executor stops responding, provides incomplete accountings, or seems to be favoring one beneficiary, there are legal tools to force accountability.

The Missing Assets

Sometimes assets that should be in the estate simply aren't there — because they were transferred out during the decedent's final years, often to a family member who had significant access. Ohio law provides remedies where those transfers weren't legitimate.

Our Approach

Honest Case Assessment

Not every dispute justifies litigation. Some are best resolved through negotiation, mediation, or simply careful legal counseling of the parties. We tell clients honestly what we see — including when we don't think a case should be brought.

Trial-Ready When It Matters

When litigation is the right course, we prepare thoroughly. Probate cases turn on documents, witness credibility, and the details of complex fact patterns. We build cases with the same care whether or not we expect them to settle.

Sensitive to Family Dynamics

Probate litigation is different from other civil disputes because the parties are often family. We work with clients to reach outcomes that preserve — where possible — the family relationships that will continue long after the case ends.

Free Consultations & Payment Plans

If you believe something isn't right with an estate you're involved in, an honest legal assessment costs nothing. We offer free initial consultations and payment plans. Contact us to talk through what you're seeing.

Related Areas of Practice

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