Legal Question in Wills and Trusts in Ohio
Our father died in Ohio. His live-in girlfriend of 28 years got his life insurance but his house and 401K was not willed to anyone. Her lawyer states that she gets half the house and my two brothers and I get the other half. We received information from her lawyer wanting us to sign over our half of the house to her, pay his bills, and pay for his funeral from the 401K without touching the life insurance. The girlfriend gave us no say in the funeral and went over the top. She bought the plot next to him and had her name put on the tombstone with our father's. Should we have to pay the funeral when part of it is for her? Also I want my father's guns, which he promised to me before his death. When my brother went to pick them up, over half of the guns were gone and she stated that her brother would get some of them and the others she didnt know anything about. She also stated that she would notify the lawyer that I took two of the guns and I would have to pay the estate back for them. I do not believe that she is making her brother pay the estate for the guns and other personal items that were given away without our knowlegde. I also think that she is leaving out other items from the estate, like a camping trailer, guns, and other personal items. I'm wanting another lawyer to review the estate documents and have the house reappraised. One of her close friends appraised the house for exactly what is owed on it. In the paper work there is about $9,600 missing from the numbers that were given to us. Are we wasting our time in fighting this? We are not talking about a lot of money.
2 Answers from Attorneys
I would talk to an Ohio attorney who can review the situation and have he or she advise you as to whether anything can be done and the cost involved. Many attorney's will offer a free consultation.
Unless there is a will involved I am not sure why the attorney would advise that you only get 1/2 of the assets.
My condolences on the loss of your father.
The situation you describe raises many potential legal issues, including the possibility of "common law marriage." Since October 10, 1991, Ohio has not recognized "common law marriage;" however, if your father and his girlfriend had established a common law marriage in Ohio prior to that date, or if they had established same in another state, then the girlfriend could be treated just like a surviving spouse, which would giver her certain rights.
Unfortunately, it is not clear from your post whether or not a valid will was probated, and if so what the will provisions are and who is the appointed fiduciary.
Without a will, Ohio law provides that when there is a surviving spouse and multiple children of the decedent, and the children are not those of the surviving spouse, then the spouse would get the first 20,000 and 1/3 of the remaining probate assets; the children would divide the other 2/3rds.
Even if the girlfriend / spouse is the appointed fiduciary, she must still act fairly and impartially toward other estate beneficiaries, so if she breaching her fiduciary duties you may have some recourse.
Unless you had entered into some agreement to pay your father's debts, or you had been a joint debtor or joint borrower with him, it would be very, very unlikely that you have any duty to pay his bill; and, it is not typical for a fiduciary's attorney to hit up other beneficiaries to pay the estate's debts.
With all of the unusual things you are mentioning, I suggest that you promptly find an experienced Ohio probate attorney to review everything.
My practice is located near Cleveland, and I practice mainly in Northeast Ohio ( counties of Cuyahoga, Lorain, Medina, Summit, Portage, Lake and Geauga ). If your father's estate is being administered in one of these Probate Courts, and if you would like further information or assistance, please feel free to call my office at 440.899.7710.
I wish you good luck in resolving your situation.
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Who has priority...power of attorney (daughter) or husband? Asked 7/31/09, 9:21 am in United States Ohio Probate, Trusts, Wills & Estates
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