Legal Question in Wills and Trusts in Ohio
My father just died leaving his wife executor and leaving everything to her except a savings account he left to me and my sister in his will. She refuses to acknowledge this account. So how do we find out what's in it? She has already filed the will in probate but not listed his assets as of yet. He also has an ongoing law suit for mesothelioma that was unknown when the will was made. Are we entitled to any of it when it's settled?
1 Answer from Attorneys
If you are specifically listed in the will to receive the bank account, you should receive it unless your father’s widow elects to take against the will. That means she elects to take her statutory share in your father’s estate which is what she would inherit had he not had a will. After the will is accepted in probate and she is appointed executrix, she is required to file an inventory which lists all the assets in the estate and their values. In regards to the mesothelioma suit, you are entitled to any proceeds that are considered “wrongful death” proceeds. Proceeds that are considered “survival claim” proceeds will pass to his estate and will be distributed under the terms of his will. I would be available to assist you in this matter or answer any further questions you may have. You can contact me at your convenience. www.socrateslegal.com
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