Legal Question in Wills and Trusts in Ohio
asbestos lawsuit and probate
In 2003 my father passed from cancer. He worked in a steelmill and joined a class action lawsuit before passing, naming himself, my mother and me and my siblings in the lawsuit. I live in(OH) my mother lives (SC).A wrongful death suit was filed in SC. When my father's probate was started, I was not notified even though after obtaining knowlege that it was sworn to the probate court that I had been notified by mail ! In that same time period I was sent paperwork from my mother asking me to sign surrendering any proceeds from the asbestos lawsuit and wrongful death suit meant for me to be paid to my mother solely. I did not sign it! It was my understanding during these proceedings that if my mother and me and my siblings could not agree with a division percentage of the settlements that the probate judge would have to decide andby me retaining my rights; would be contacted by the Probate court or judge as to any proceedings concerning that matter. My mother will not discuss any of the case with me although I was named in it. I can't find out anything though I know some monies were paid.I didn't sign away my rights. I haven''t received any direct communication. How do I legally find anything out? I have symptoms now,can I sue
1 Answer from Attorneys
Re: asbestos lawsuit and probate
The records of the probate court should be open to the public. You can either request the records directly from the probate court or have a SC attorney obtain them for you. A SC attorney could review the file and determine if your rights were protected.
You should proceed ASAP since time to file objections may have run or be about to run.
This answer is general legal information and is not intended as legal advise nor does it create an attorney client relationship. You should consult with an attorney for legal advice particular to your sitaution.