Legal Question in Wills and Trusts in Ohio
My father died in august 2010 and he had a will but my stepmother would not tell me what was in it i belive it had right of suvivorship. but now my stepmother has died in sept 2011 and left everthing to her 2 kids by a previous marage. this is in ohio i was wondering if there is anything i can do about this as it is in probate thanks for any help.
1 Answer from Attorneys
Under Ohio law, you can force the production of the will through the probate court. Whoever has the will must produce it or s/he may be sent to jail by the judge. (The law actually states a judge may force someone to go to jail until they produce the will.) However, the problem now is that the will may have been destroyed by your stepmother. If it still exists, you do not know who has it. If you can contact the attorney who prepared your father's will (if you know who this is), you may be able to ascertain the contents of the will that way, also. Unfortunately, you probably should have forced production of the will while your stepmother was still living. I advise you to meet with an attorney and discuss the full facts of your case in person.
Lisa K. Meier
Gurtner & Meier, LLC
This response is based on Ohio law and the limited facts you have provided and is not intended to create an attorney-client relationship. I cannot provide adequate advice to you without meeting with you in person. If you would like to schedule a free consultation, please feel free to contact me.
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