Wills and probate

[humpd]

state: ohio
my mother passed away in september. My stepfather still lives. my brother and i were (we think) co-executors of my mother's and stepfather's will. my stepfather has left town but says he will return in february. he is visiting an old female friend from his days in czechoslovakia. my question is this: if their will was the kind that simply leaves all to the surviving spouse, with arrangements made for children should both of them die, does this will have to be read or probated? is there anything regarding the will that should have been done after my mother's death? is it possible that my stepfather can take everything and disinherit my brother and i? finally, what should my brother and i do, especially since i have no solid evidence at this point that the scenerio mentioned above is, in fact, happening?
thank you.

 

[ALawyer]

First, my sincere condolences on your loss.

Having a Will is one thing. Having assets that would pass by Will is something else. To the extent that property is held as "joint tenants with right of survivorship" it passes on death by operation of law to the surviving joint tenant(s). As people can hold various forms of property such as bank accounts, stock, and real estate in joint tenancy a Will is irrelevant to jointly held property unless both die simultaneously. Insurance and IRAs and 401(k)s and annuities generally have named beneficiaries, who would inherit, regardless of the Will.

Property held in the deceased's own name passes by Will, if there is one, and if not by the laws of intestate succession of your state. Very often a spouse has a right to elect a certain minimum amount, regardless of what one's Will says.

I have no idea what your mother's situation was or what assets she held or how they were held. But if you think that your stepfather wants all the assets (and he may) and there is more than a minimal amount beyond some keepsakes, you may want to speak with a lawyer in the state she lived in to see if there is something you can and should do.