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No Will . . . Twice

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USAviator

Member
What is the name of your state? Ohio

My mom passed away in 2002. I never saw a copy of her will. My sister claimed that the will was " being taken care of by a lawyer " and that she never received a copy. "Sis " died in May of 2004 . . . again no will . She had one son, over the age of 21 . According to her former fiance' she signed ALL property / funds over to him , while she was in a hospice dying of cancer. My mom's home is still listed in my mother's name . I have heard / read that as I am the eldest blood relative that I am entitled to read a copy of both wills. Is there a statute of limitations to have the courts order the fiance' to produce a written copy of either the papers proving that my sister signed everything over to him , and / or a copy of my mother's will ???

Most family members seem to think that the my sister signed statement giving fiance' all property etc. while she was under the influence of pain-killers. Before anyone begins to think that I'm looking for money or property , I just want to clear up the fact that I'm more concerned that my nephew has been taken advantage in this situation.
 


justalayman

Senior Member
I'm betting nobody ever probated either estate, which is where title change for property, along with generally closing out the decedents estate, takes place.

So, any probate actions on either estate?
 

anteater

Senior Member
I have heard / read that as I am the eldest blood relative that I am entitled to read a copy of both wills.
As thngs stand, you have no more, or no less, right to read the wills than anybody else. As an interested party in the estates, you could petition the probate court to compel the person that you believe has custody of the will to present it to the court.

As to your mother's estate, start with the probate court in the county in which your mother resided. Check to see if estate administration was ever opened. Also, if you have some idea of who the attorney your siister referred to is, you could call around. That the deed still lists your mother as owner indicates that administration was never begun or never completed if it was begun. If you come up blank, then you can petition the court to open estate adminsitration and for appointment as the estate's personal representative.

[You have not actually said it, but was sister living in mother's house?]

As for your sister, you likely will not get anywhere unless the son, or you if he does not care to, applies to open and administer her estate.
 

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