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Estate question

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exiledangel

Junior Member
What is the name of your state? Ohio
I live in Colorado but my dad lived and died in Ohio. My question is regarding his estate. He died in April of 2007 and he had always told me that I was well taken care of in his will, yet I recieved nothing and there has been no mention of it by his wife (not my mom or adopted mom). Now I am not trying to take anything away from her, and I dont even care about recieving anything really, I understand that he was married and his wife is his survivor but now she is building an addition on to thier house and moving her sister in and I am concerned that when she passes away that she will leave everything to her sister and everything that my dad spent his life working for will be gone! Since she is not my real mom, she has no obligation to leave me anything, yet my dad had always told me that everything would go to me(I am his only child). When she passes away, will his will then be placed into effect or am I just out of it for good now? Just curious, it doesent seem fair to me at all that she could give everything away to her family and his only son is left out.What is the name of your state?
 


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anteater

Senior Member
exiledangel said:
What is the name of your state? Ohio
I live in Colorado but my dad lived and died in Ohio. My question is regarding his estate. He died in April of 2007 and he had always told me that I was well taken care of in his will, yet I recieved nothing and there has been no mention of it by his wife (not my mom or adopted mom). Now I am not trying to take anything away from her, and I dont even care about recieving anything really, I understand that he was married and his wife is his survivor but now she is building an addition on to thier house and moving her sister in and I am concerned that when she passes away that she will leave everything to her sister and everything that my dad spent his life working for will be gone! Since she is not my real mom, she has no obligation to leave me anything, yet my dad had always told me that everything would go to me(I am his only child). When she passes away, will his will then be placed into effect or am I just out of it for good now? Just curious, it doesent seem fair to me at all that she could give everything away to her family and his only son is left out.What is the name of your state?
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Well, if his wife obtained ownership fair and square - through a will, beneficiary designations, or joint ownership - then there is probably not much that you can do. Particularly since you say that you are not trying to take anything away from her.

You can try the relatively inexpensive route first - call the probate court in the county in which your father resided and ask if probate has been opened and a will submitted to the court. If it has, you can probably order a copy of the will at minor cost. If not, you probably have no other option than to retain an attorney in Ohio to represent you and investigate what has occurred.
 
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Dandy Don

Senior Member
Please be aware that she could have destroyed the will or may be deliberately withholding it from being probated if she doesn't want any other beneficiaries to benefit, or she could have thrown out the old will and asked him to create a new one naming her as sole beneficiary.

If you find out that a will has not been probated, consult an attorney to ask to open up probate yourself so that the judge can ask her to produce a will if she has it.

If your father was employed check at his place of employment to see if any benefits are available there.

DANDY DON IN OKLAHOMA ([email protected])
 
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exiledangel

Junior Member
Thanks

Thank you for your advice. I will check with the county to see if there is a will in probate. Would it still be in probate this long?
 
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anteater

Senior Member
exiledangel said:
Thank you for your advice. I will check with the county to see if there is a will in probate. Would it still be in probate this long?
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If probate was opened, 6 or 7 months would be a speedy conclusion.

Regardless, even if probate has been wrapped up, the case file will be available.
 
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exiledangel

Junior Member
No will in probate

I just checked the records for Lorain County Ohio and there is no will in probate so I guess it was made to dissapear, although I swear that my dad said that he had it with his lawyer.
 
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nextwife

Senior Member
As to the house, the will would not have mattered IF they held title as jt. tenants together., as that would mean the house passes OUTSIDE probate.
 
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exiledangel

Junior Member
one more question

One more quick question, I would think that the will would be null and void anyways wouldnt it? If you are married to someone and your spouse survives you, you couldnt leave a will saying that you want this and that to go to someone else could you? After all, isnt 50% of everything hers anyways? I guess that I just need to get over it and consider everything gone to her family when she passes away, or would I be able to contest everything then? Since that is all I am really worried about anyways, is getting my fathers stuff after she is gone. Like I said, I dont want to take anything away from her, after all, she was his wife, I just want to make sure that it dont go to her family when she passes away, I feel as his only child I deserve something? Anything? Am I being stupid? I mean, she hasnt so much as given me a picture of him and he is my dad!
 
justalayman

justalayman

Senior Member
if there is no will, the estate will be distributed per the laws of intestate succession.

http://codes.ohio.gov/orc/2105.06

As a child, if there is no will, you are entitled to something. Read the above linked section.

Even if there is no will, the estate should be probated (or typically it would. some states allow exemptions for smaller estates. Haven't looked up Ohios limits).

If probate has not been opened, you should look into the requirements of opening probate and do so yourself.
 
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anteater

Senior Member
exiledangel said:
One more quick question, I would think that the will would be null and void anyways wouldnt it? If you are married to someone and your spouse survives you, you couldnt leave a will saying that you want this and that to go to someone else could you? ...
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Sure, you can. But, most states have statutes that ensure that a surviving spouse may receive some portion of the deceased spouse's estate, regardless how the will reads.
 
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lwpat

Senior Member
To repeat, hire an attorney and open probate requesting to be named the personal representative. The attorney can also check to see how the house is titled. I would use your father's attorney unless that would be a conflict of interest for him. He may have the original of the will.
 
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exiledangel

Junior Member
Thank you

Thank you everyone for your great advice and guidance. I now at least know whats going on. I appreciate all your help. I have checked and found that there is no will in probate and all his personal property was transfered into her name back in June. They both had the same lawyer and since the will was never submitted by his lawyer I can only assume that I got pulled from it somehow. Knowing, or at least having a general idea of what is happening is 100 times better than not knowing at all. Thanks again for all your help!
 
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curb1

Senior Member
It is worth a call and a 10 minute conversation with your father's attorney. Find out exactly where you stand now, rather than 10 years down the road.
 
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