Competency Challenges

Competency Challenges to Wills and Guardianships

The attorneys at Russo, Rosalina & Co., LPA, are experienced in pursuing and defending legal challenges to the competency of people who have made a will or have had a guardian appointed to manage their affairs.

Wills and Competency Challenges

One of the grounds for contesting a will is to challenge the mental capacity of the person who made the will. A family member or caregiver may take advantage of an ill or elderly person and influence him or her to make changes to the will.

One son, for example, may persuade his parent to leave everything to him, disinheriting the parent's other children. When stepsiblings and second marriages are involved, the potential for inheritance disputes and claims of incompetence increases.

We frequently represent clients who believe they were wrongfully disinherited. We also defend clients who benefited from a legitimate change in a will that others are challenging.

Guardianships and Competency Challenges

It is never easy to accept that you are incompetent to manage your own affairs — especially if it is just not true. Sometimes an adult child will apply to be named guardian of a parent to gain control of the parent's money and other assets. These applications must include a medical evaluation in which a doctor concludes that the person is incompetent and/or unable to manage his/her own affairs.

Our attorneys are experienced in evaluating these special circumstances and determining whether an argument can be made challenging the representation of incompetency or the need for a Guardian.

To discuss your specific situation, please contact the lawyers at Russo, Rosalina & Co., LPA. With offices in Parma and Richmond Heights, we represent clients in the Cleveland area and throughout northeast Ohio.