Legal Question in Wills and Trusts in Ohio
My aunt died April 2009. She was unmarried...no children. She had an unmarried sister living with
her that is still alive (also my aunt). About 5 years before her death, she took me aside and said she
put me in her will. She said that I had helped her when she broke her leg and she wanted to help me since I was ill and unemployed. She also told me she would help a cousin of mine who had problems with
her hips. She has many other nieses and nephews and she told me they are doing fine and would not
be able to leave anything to them. Two female cousins are executors of her estate but they never approached me about any will monies. I don't fee comfortable in asking them directly. How do I find
out if I am in the will?
2 Answers from Attorneys
This message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.
The will must be filed with the probate court in that jurisdiction. If the executor has filed it, you can go to the courthouse and take a look. If it has yet to be filed, you will need to wait.
Just so you know, if you are named in the will as an heir, the executor MUST notify you. If she does not she will get in trouble with the court because the executor has violated her fiduciary duty to the estate.
The previous attorney is correct. If you are a legal heir, you must be notified of the filing of the will and application to administer the estate. If for some reason, you are not listed in the will, there will be no legal obligation to notify you. However, the probate process is a public one and you can call the probate court in the county that she resided or can go online and check the county website and see if the estate was opened. If so, you can go there and request to look at the file and review the will. If you need any further assistance, please notify my office. www.socrateslegal.com .
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
