Legal Question in Wills and Trusts in Ohio

My dad passed away in may 2009, my mom who was full of cancer died 3 months later. My eldest sister, who was rarely in the picture, came in and accussing the other siblings of stealing and chased them all away. Mom told us all who was getting what after dad's funeral, my brother asked her a few questions about moms will and she became irrate and left. He then called the attorney for the reading of the will, my sister told us we shouldn't go because it dad' estate hasn't finished probate and was very upset that all of us was going. Well the probate was finished and the will left out 2 siblings. We were stunned because that was not what moms wishes were. We live in a small town and my brother has contacted 3 attorneys, which none will take our case. What legal grounds need to take action?


Asked on 8/24/09, 12:17 am

1 Answer from Attorneys
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

To contest a will you need to show that either your parents did not have the ability to make the will or they were subject to influence from someone else when they made the will.

You need to contest the will within 3 months of the start of the probate. If the probate of your father's will has been completed you may not be able to contest anything. You may still have time to contest your mother's will.

Parents may leave out children in a will and leaving out a child is not grounds for a will contest.

Read more
Answered on 8/24/09, 7:27 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Ohio