Estate Law
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Answered in 18 minutes by:
7/28/2008
David Kennett, Attorney
Category: Estate Law
Satisfied Customers: 27,690
Experience: 25 years practicing attorney
VerifiedDearCustomer- If your step-mom did not open an estate and probate the will then you or your siblings can go to the probate court in the county where your father resided at the time of death and open an estate. You can claim that there is no will and file for a distribution by intestate succession which would mean that your step-mom would only get 1/3 and you and your siblings the other 2/3.
At that point your step-mom would have to file the will and then the matter would be before the court and you could sue the estate for you various items of inheritance. If she won't listen to you I'm sure she will abide by a court order.
David Kennett - JD - Attorney at Law
If she opened an estate it is public record at the Probate Court in the county where he resided when he died. You can go there and get a copy. If she never opened an estate then, as I said above, you can open an estate and allege that there is no will. If there is no will you will inherit under Ohio intestate succession laws. Then, if she claims there is a will, she would have to produce it to the court and you would obviously then be able to review the document. You need to stop trying to deal with her and go straight to court.
Dave Kennett
David Kennett, Attorney
Category: Estate Law
Satisfied Customers: 27,690
Experience: 25 years practicing attorney
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