Legal Question in Wills and Trusts in Ohio

My father died last october. Before he died my mother and half sister (not legally my father's child) insisted that my father make a new will leaving everything to my mother. My father was extremely ill and suffering from dimentia, plus on medication when he signed a new will. My father didn't want to sign this will! It stayed in his hospital side table for three days before they cooarsed him to sign. Directly after this was done I was thrown out of the hospital room by my mother & half sister. My brother and his wife was treated the same! From September 7th until october 15th we were not allowed any contact with our father. My brother was called the day he died by our half sister. We later found out our father was given three standard doses of morphine within an hours time and was deprived of his oxygen! My question is what legal options do we have? Since our father's death the half sister and her family have been spending our fathers money and have moved into our fathers home. There has to be something we can do!


Asked on 7/21/10, 9:54 pm

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

The first thing you need to find out is when a certain document has been filed in your father's estate. The document is called "The Certificate of Service of Notice of Probate of Will". The filing of this document starts the statute of limitaions running on a possible will contest. If that document has been filed, you have 3 months from the date it was filed to file a will contest case. If you wait until after the 3 months period has passed, you will be forever barred from challenging the will. If you are within the time period, it looks like there are several red flags that I typically see in will contest cases; ie, dementia, last minute will, isolation of the testator from family. On the surface it appears that you may have a viable fact pattern to challenge the will. I suggest that you contact an attorney who handles these kinds of cases as soon as possible. It is important to get an attorney who is familiar with will contests and probate litigation because these are complicated and complex lawsuits. Good luck.

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Answered on 7/22/10, 6:12 am


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