Multiple probates; multiple problems

[thomasw]

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

Megaproblem!

Decedent had property in Ohio,Indiana,and California. He also had a business in Indiana and California.The business is continuing to operate.

For the last 3 years he was domiciled in Ohio - a state that does not recognize handwritten wills witnessed by only 1 person.

The handwritten will, witnessed by 1 person has been submitted to probate in California by the deceased person's son who lives in California and is running forward with this despite the disagreement of his 2 sisters - both of whom feel the probate should have been fled in Ohio - his legal domicile.

To make matters worse, if the will is declared valid in California one of the listed beneficiaries is a woman who only knew him for 3 years. If the will is probated in Ohio, it will be invalid and the estate will be split only between his 3 children - since he would then be intestate.

Some advice would be appreciated. I know a lawyer will be necessary, but due to the tremendous cost, any information I can have ahead of time will save me many thousands of attorney fees.

The estate is over 4 million dollars.What is the name of your state (only U.S. law)?

 

[curb1]

Why does the "son" want to have this probated in California? Does he support the inclusion of this "woman of three years"?

 

[tranquility]

A.....see an attorney.

Hard things need an expert for good results.

 

[Dandy Don]

The only essential fact you have left out is: what state did the decedent DIE in? Normally probate is done where the decedent died, but where it is done really doesn't matter in the long range scheme of things. Probate can be initiated in ANY state and then anything that can not be handled in that state, such as real estate owned in another state, can be handled by an additional probate proceeding (called ancillary probate) done in the state where the real estate is held so there will be an official record THERE of any title/ownership changes done in that state.

Since the will may not reflect the required number of witnesses, it will have to be evaluated by the probate attorney to determine if it meets, or doesn't meet, the qualifications for the state where it is being probated.

He can name anyone he wants to as a beneficiary.

DANDY DON IN OKLAHOMA ([email protected])