Legal Question in Wills and Trusts in Ohio
Executor Rights
My uncle is the executor of his sister's will, but
the attorney who wrote the will says he needs the
original. The deceased's daughter says she has the will but will not give it to our uncle. Shouldn't the
attorney have the original? If not what can he do?
Thank you
Asked on 2/25/02, 10:24 am
1 Answer from Attorneys
WILLIAM BRANDWEIN
WILLIAM A. BRANDWEIN, A PROFESSIONAL LAW CORP.
Re: Executor Rights
Your uncle can make application to the probate court in the county in which the decedent lived for an administration without a will or try to get the copy admitted. Then an action citing the daughter to file the will. That should get the matter before the court. If the decedent died in Franklin County I can be of assistance for a referral or help as I maintain an office in Columbus and know most of the lawyers there.
Answered on 2/25/02, 12:57 pm