I need a mentor I’m in deep

[Winterhodge17]

Ohio
My child’s father passed away. He had an older daughter who is applying to be administrator, and has committed many acts of executor misconduct. The magistrate has agreed to hear me. The sister didn’t include my daughter as an heir, and is currently trying to evict us. There is no will. I have done all my own motions and research until now and need someone to bounce ideas off. I will do all the foot work. I just need lead in the right direction.

 

[Just Blue]

Ohio
My child’s father passed away. He had an older daughter who is applying to be administrator, and has committed many acts of executor misconduct. The magistrate has agreed to hear me. The sister didn’t include my daughter as an heir, and is currently trying to evict us. There is no will. I have done all my own motions and research until now and need someone to bounce ideas off. I will do all the foot work. I just need lead in the right direction.

That is beyond the scope of this forum. Try your state bar for a referral.

 

[Winterhodge17]

That is beyond the scope of this forum. Try your state bar for a referral.

No one can give me advice of laws or anything I can look up? Cases I can research??
I appreciate your input.

 

[Just Blue]

No one can give me advice of laws or anything I can look up? Cases I can research??
I appreciate your input.

Oh. Yes...Volunteers may do that. You said you wanted a "mentor" which is not something the volunteers here do.

 

[Shadowbunny]

Is your child's deceased father listed on the birth certificate or has been found to be the father by the courts?

 

[t74]

Google "intestate" for your state. There are many references. You generally do not need to worry about case law; if it is that bad, you need an attorney. There are also many good references regarding the process for setting an estate. Unfortunately, it can be very difficult to force the person handling the estate to do it properly - even with an attorney representing your child. Contesting the actions of the administrator/executor can get expensive. You can also file to be the executor and let the court decide; if you have proof of inappropriate conduct on the part of the other person, the judge may use it to disqualify her

I'd start here: https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/law-facts/law-facts-probate/

Your local bar association should be able to refer you to a local estate/probate specialist; the cost of a consultation is, IMO, mooney well spent.

Have you done what is necessary to claim survivor's benefits if your child is of the appropriate age? That is a more urgent task.

 

[Winterhodge17]

Is your child's deceased father listed on the birth certificate or has been found to be the father by the courts?

No he hasn’t.
He had full custody.

 

[Winterhodge17]

Google "intestate" for your state. There are many references. You generally do not need to worry about case law; if it is that bad, you need an attorney. There are also many good references regarding the process for setting an estate. Unfortunately, it can be very difficult to force the person handling the estate to do it properly - even with an attorney representing your child. Contesting the actions of the administrator/executor can get expensive. You can also file to be the executor and let the court decide; if you have proof of inappropriate conduct on the part of the other person, the judge may use it to disqualify her

I'd start here: https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/law-facts/law-facts-probate/

Your local bar association should be able to refer you to a local estate/probate specialist; the cost of a consultation is, IMO, mooney well spent.

Have you done what is necessary to claim survivor's benefits if your child is of the appropriate age? That is a more urgent task.

Yes I applied. Thank you for the leads, I just need a spark. I have proof.

 

[Shadowbunny]

No he hasn’t.
He had full custody.

Were you married to him when you had her?

 

[LdiJ]

No he hasn’t.
He had full custody.

How could he have had full custody without the court acknowledging him as the father?

 

[Edgar 1776]

You are very unwise to do this by yourself without an Attorney if there is a sizable amount of money involved in the estate. Reading a few state codes and rules of procedure is not going to give you insight on how to navigate these waters. Its like reading a few medical books and trying to do heart surgery on someone.
Hire an Estate litigation Attorney.

 

[Dandy Don]

You need an attorney ASAP! Start interviewing with/talking to local probate attorneys in your area until you find one willing to represent you. The very fact that sister did not list your daughter as a legal heir is significant. If you can not afford to pay an attorney an upfront retainer, explain your financial situation and they may be willing to delay accepting a fee until later, especially if you explain how much the estate is worth.