Estate Litigation Attorney in Columbus

Probate Disputes, Will Contests & Trust Litigation for Columbus Families

Estate litigation covers disputes over the validity of a will, the administration of a trust, the conduct of a fiduciary such as an executor or trustee, and the distribution of assets after someone dies. If you’re questioning whether a will reflects what your loved one truly wanted, whether a trustee is managing assets properly, or whether an executor is fulfilling their legal duties, your situation likely qualifies. Kemp, Schaeffer & Rowe has been helping Columbus residents navigate these disputes since 1977, built on a foundation of service and integrity.

Our estate litigation lawyers are ready to review your matter and help you understand your options. Call (614) 665-5833 to speak with our team.

Why Choose Kemp, Schaeffer & Rowe for Estate Litigation in Columbus

One reason clients trust us with contested estate matters is continuity. We handle estate planning alongside litigation, including wills, trusts, trust administration, and probate administration. That means our attorneys understand how these documents are drafted, what language is standard, and where ambiguity tends to create conflict. When a dispute arises, that perspective shapes how we build a case.

We represent executors, beneficiaries, guardians, and trustees across all sides of a dispute. Whether you’re defending an estate plan you helped create or challenging one you believe doesn’t reflect your loved one’s true wishes, we work to clarify your rights and the entitlements that follow. Our attorneys have been addressing probate disputes and asset distribution issues in Franklin County for more than 45 years, and our approach is grounded in the specific procedures used in Columbus courts.

Estate Disputes Our Attorneys Handle

Estate disputes take many forms. Some involve the validity of a will itself. Others center on how assets are being managed or distributed. Our team provides representation across a range of contested matters:

• Will contests: Challenges based on testamentary capacity (whether the testator had the mental capacity to execute a valid will), undue influence, forgery, or revocation
• Trust disputes: Disagreements between a trustee and beneficiaries over how trust assets are managed or distributed, or over ambiguous trust language
• Executor & fiduciary misconduct: Allegations that an executor or trustee has breached their duty through mismanagement, self-dealing, or failure to act
• Asset valuation & distribution timing: Disputes over how estate or trust assets have been valued, when distributions should occur, or efforts to recover concealed assets

Ohio Will Contests & the Franklin County Probate Court

In Ohio, a will contest is filed as a civil action in the probate court of the county where the will was admitted to probate. For Columbus-area estates, that means the Franklin County Probate Court, which also hears disputes involving trust administration and guardianship matters. As general legal information: under Ohio Revised Code Section 2107.76, a person who received or waived notice of the will’s admission to probate must typically file a will contest within three months after the fiduciary files the certificate of notice with the probate court. Deadlines and procedures in your specific matter may vary.

To prevail, the contesting party generally must prove by a preponderance of the evidence that the testator lacked testamentary capacity, was subject to undue influence, or that the will was revoked or is a forgery. Ohio courts evaluating an undue influence claim examine four elements: a susceptible testator, an opportunity to exert influence, actual improper influence, and an outcome that reflects the effect of that influence. These are demanding legal standards, and understanding how they apply to your facts early in the process matters.