brother's will

[WhtShaman]

What is the name of your state (only U.S. law)? Ohio

My brother passed away a month ago. None of the family has gotten to see the will. His executor was a friend of which none of us ever met. Do we have any rights to at least get a copy of the will? We would like to find out if it was done legally. If we have any rights at all, how do we go about doing this?

 

[justalayman]

the will will be found in the file at the probate court (or whatever it is called in Ohio) and is accessible for the asking and a small fee for copying it.

that is if the estate was probated and the will was presented to be reviewed for probate.

 

[WhtShaman]

It did not go through probate. Since he owed more on the house than it was worth, she didn't want to do that. She supposedly was advised to walk away from the house. She is just letting the bank take it over, whenever they figure out he is passed away.

 

[justalayman]

then the will cannot be enforced. You have the right to open probate and ask the court to demand the will be submitted. In fact, there is no executor until the court appoints one or accepts one that has been nominated.

 

[WhtShaman]

How do I open probate and can I do it from Oklahoma? This would have to be done in Montgomery County Ohio. I found their website and there are a lot forms to download but I have no idea which one.
Montgomery County, Ohio - Estate Form

Also I was listed as one of the contacts for the university. He left his body to them, didn't want a funeral. This woman tried to get me to mail her my copy of the paperwork the day he died. She claimed she couldn't find hers and the hospital needed the paper work in their possession for the university to be able to pick up his body. Since he died on a Sunday, we couldn't mail them but the hospital said it was fine if we scanned them and sent them by email to one of the doctors. I am very suspicious of why she wanted me to give up my copy. Does that give me any kind of rights I am not aware of? Thanks for all your help.

 

[curb1]

What does "she" say when you ask her for a copy of the will? What lending institution held the mortgage on the house? Do you know for sure that more was owed on the house "than it was worth"? What other accounts/assets did brother have?

This person is not the executor until given that authority.

 

[WhtShaman]

I have not asked her yet, I doubt she will comply. He had the house, I was told he owed $60,000 and it was only worth $70,000 but for me that's just hear say since I haven't seen anything in writing. He has a car sitting there worth around $2,000 and a 401K at work along with life insurance. A lot of credit card debt too supposedly totaling $50,000. I am trying to figure out where his mail is going, that would be the only way I can find out about banking info. He didn't leave me any of that info, I had the rights on the body donating thing and he gave me other important phone numbers, doctors and such but no other info. He has a checking account and savings just sitting somewhere.Have no idea if he might have had a saftey deposit box. I am afraid to ask this person for any info as I feel she is trying to get away with a lot. If she knows I am trying to find out info I don't know what she might do. She took his computer and he had lots of data on there. His friend told me he did all his banking on line. I don't know if she can figure out his passwords or not.

 

[curb1]

Why haven't you asked her? Either you get aggressive about this, or forget it. It is up to you. There is not enough involved to hire an attorney, so get with it and do some legwork. This lady has no more rights to the information than you.

 

[WhtShaman]

I went ahead and asked for a copy of the will. Have had no response, but a friend of my brother's from work found a will in some of his paperwork left in the house. It was dated 2005. It left everything to this other woman but had me listed as getting residuary estate. What does that mean?

 

[anteater]

I went ahead and asked for a copy of the will. Have had no response, but a friend of my brother's from work found a will in some of his paperwork left in the house. It was dated 2005. It left everything to this other woman but had me listed as getting residuary estate. What does that mean?

The residuary estate is composed of any assets left after specific bequests are fulfilled. Say that I have an estate worth $500,000 after all debts and expenses are paid. My will says that I leave $100,000 to the Little Sisters of the Poor and the residuary estate to my son, Moe. The Little Sisters get the 100 grand and Moe gets the remainder, 400 grand. Change it a bit and say that the estate is worth only $200,000 after all debts and expenses are paid. The Little Sisters get their 100 grand and Moe gets 100 grand.

While it would require an Ohio attorney reviewing the will to say for certain, it sounds like the only way that you would inherit under the provisions of the will would be if the "other woman" predeceased your brother (since the Ohio anti-lapse statute would not apply to a non-relative).

 

[WhtShaman]

I have been trying to get utilities and things shut off on my brother's house since no one was doing anything. Executor has ran, she wants nothing to do with it. When I contacted some of the utilities of course they want a forwarding address so send the final bill. I told them I am not responsible and gave them the executor's name and address. I just got an email from her saying she is getting legal representation (which I really don't believe her) and she said giving out her name is identity theft. So what should I do? I was only able to get water and gas shut off. Electric company didn't get back to me. I did contact his house insurance. Tried to get mail stopped, they said they would but it's still coming to the house.

 

[Dandy Don]

Does the will mention any particular assets that are valuable? If there are any assets in the estate (mentioned in the will) that are worth probating, then hire a probate attorney to handle everything for you. IF you know the name of the bank where he had has accounts, contact the bank to try to find out the balance or let the attorney do that. If it is not worth probating, then wash your hands of the entire matter and go on with your life.