Legal Question in Wills and Trusts in Ohio

contesting a will in probate time limit

My mother pass away october 2009, I was never notified , of the will, Admistrater said I was not in it. yet a copy of the will, state: I was to get nothing. I had to ask on Sept of 2010 / called my sister yes I will send you a copy. Haden't see my mom sence 1997, shortly ofter she changed her first living will, she was Dig: with aulthimers, (4mo) after she changed her frist living trust, in which it stated all siblings are to get equal share of her estate. Is there such a thing as un due pressure. My sister said "you know she was mad at you" when I talked to sister on sept 2010, Yet my mother made me her end of life attorney...to take care of her medical desision....never notified...help it is a mess


Asked on 3/26/11, 2:27 am

1 Answer from Attorneys
Daniel Zigray The Zigray Law Office, LLC

The statute of limitaions for contesting a will is 3 months from the date that the "certificate of service of notice of probate of will" was filed. This is a form in the estate that the probate court requires. It sounds like there is also a living trust which you may still be able to challenge. If there is no proof that you were ever notified of probate, you may still be able to contest the will.

These are very complicated and complex cases and alt more information is required to respond to your issue.

For more information you can review my website at www.zigraylaw.com. My office is located in Maumee, Ohio.

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Answered on 3/26/11, 4:49 am


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