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I have some questions concerning my mothers Estate. Ohio. My…

I have some questions...

I have some questions concerning my mothers Estate.

Lawyer's Assistant: Estate laws vary by state. What state are you in?

Ohio

Lawyer's Assistant: What documents or supporting evidence do you have?

My mother passed away Jan 2017 and my father told me that my mother ripped up the will. He is not allowing me to have anything of my mothers. Do I have any legal right to her belongings?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am 55 years old never been in trouble with the law not even a parking ticket. I am the only living daughter. My father refuses to give me any of my mothers things. He has so much of her belongings at a garage sale with out me knowing.

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Answered in 5 minutes by:
3/22/2018
Roy Hadavi
Category: Legal
Satisfied Customers: 1,241
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney‑client relationship and this is for general information purposes only.

I am sorry to hear of your mother's passing. It is never easy to lose a loved one and even harder when there are family issues after the passing.

Answer: Unfortunately, you will have to take your father to probate court in order to prove that your mother did not in fact rip up her will. If she did in fact destroy the will, then under Ohio intestate law (the law governing when someone dies without a will) you would be entitled to nothing.

Rating & Additional Questions: Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please do not rate my service. Please ask me as many questions as you need, until you feel I have earned an excellent rating. There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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Customer reply replied 1 month ago
How long do I have legally have to protest any of this in court?

There is no time limit for this matter, but of course the sooner you begin the process, the better.

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Customer reply replied 1 month ago
By taking my father to court does this stop him from selling the house that was in both of their names? I have family members that know that she did have a will also. This is so hard to ask such questions that you never thought you would.

I understand how difficult this situation must be.

As part of the process you will have to request an injunction preventing your father from selling the property.

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Customer reply replied 1 month ago
like you stated without a will would the court rule in my favor of an injunction? Or why wouldn't they?

They would grant a temporary injunction while the matter is adjudicated. However, if there is no will, then a permanent injunction would not be granted, because absent a will, your father does inherit everything.

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Customer reply replied 1 month ago
very sad that things had to turn out like this. All I can do is hope that one day my father will have to answer to God above about his actions. Thank You for your help.

You're very welcome. I am sorry for this very difficult situation.

Please do not forget to rate my services at the top of the page (hopefully 5 stars), otherwise I get no credit for helping you today.

Roy Hadavi
Category: Legal
Satisfied Customers: 1,241
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified
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Thank you so much for the 5‑star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: https://www.justanswer.com/law/expert‑royhadavi/ Or, simply request ARoy [email protected] in the first line of your question.

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Satisfied Customers: 1,241
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