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Producing the Will, after death

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mikepinse

Junior Member
Ohio, would like to know the legal requirments of the will holder to produce the the will to a named executor after death?

The long story is that a step father has not produced his dead wifes will when the wifes genetic children have asked for it. He has said it exists and that all children from both families are supposed to get 1/6th. However, an older daughter believes she is her mothers executor and that the Mothers side is supposed to recieve the "items that were brought to the 2nd mariage". Step sisters have already had access to the items and have taken various items without there being any meeting between the families.

Is there a legal way to ask/require that the will be produced?

Thank You.
 


justalayman

Senior Member
Is there a legal way to ask/require that the will be produced?
Yes.

Has probate been opened and if so, who is the exec/personal representative?

If probate hasn't been opened, the first step is to do so.
 

justalayman

Senior Member
http://www.clelaw.lib.oh.us/public/misc/FAQs/Probate.HTML

probate court listings in ohio http://www.franklincountyohio.gov/probate/ohio_judges.cfm

http://codes.ohio.gov/orc/21

http://www.mcohio.org/government/probate/estate.html

http://www.google.com/search?hl=en&safe=off&rlz=1C1_____enUS387US387&q=ohio+probate+process&revid=1654769482&sa=X&ei=2o4NTfjjG8Kgnwel7fm_Dg&ved=0CGwQ1QIoBQ
 

latigo

Senior Member
Ohio - Is there a legal way to ask/require that the will be produced?
Absolutely! But the children of the deceased will need to retain the services of an attorney.

Ohio has very stringent and effective laws to compel anyone in possession of what purports to be the last will and testament of person known to be deceased to produce the document.

In fact such a person in possession and control of the will can be incarcerated if they intentionally withhold or conceal it or fail to comply with a court order to produce it.

And any person interested in the estate can petition the appropriate court for an order compelling the production of the will, whether the person in possession is concealing or withholding it or not. *

But again, it is not something that should be attempted without professional help. And I urge that steps be taken promptly! There can be but one plausible reason why the stepfather is withholding the will from probate. It is not as favorable to him as he would like it.

Fortunately for you people he as at least admitted its existence.
______________________

If you are interested in reading them, here are some of the pertinent sections of the Ohio Revised Code:

2107.09 Who may enforce production of a will.

(A) If real or personal estate is devised or bequeathed by a last will, the executor, or any interested person, may cause such will to be brought before the probate court of the county in which the decedent was domiciled. By citation, attachment, or warrant or, if circumstances require it, by warrant or attachment in the first instance, such court may compel the person having the custody or control of such will to produce it before the court for the purpose of being proved.

If the person having the custody or control of the will intentionally conceals or withholds it or neglects or refuses to produce it for probate without reasonable cause, he may be committed to the county jail and kept in close custody until he produces the will. This person also shall be liable to any party aggrieved for the damages sustained by such neglect or refusal.
.
* * * *
 

mikepinse

Junior Member
I really do apreciate this information. I am so glad that people are willing to share without solicitation.

Mike
 

latigo

Senior Member
I thought we were being solicited.

But please don’t slay the delivery boy if the slipper happens to be too tight. There's an additional charge for that.
 

mikepinse

Junior Member
I got the will today.

Having information to stand upon gave me a stronger position in my request.

Thanks again,

Mike
 

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