Legal Question in Wills and Trusts in Ohio
My father died 3 years ago and he left everything to his wife (my step mother). I found out she is very ill and not expected to make it much longer. I was told that she was given everything in my father's Will & Testament so my btother, sister, and myself didn't inherit anything from our father's estate. Now with our stepmother passing she is leaving everything to our step sister, step brother, and step neice and we are yet again being left without any inheritance at all. They all live in West Virginia and the Last Will and Testament was also made in West Virginia. So my question is, are we entitled to ANYTHING from the estate?
2 Answers from Attorneys
Unfortunately if your father gave everything directly to your stepmother it is hers to distribute as she wishes. This means she can give it all to her family and not give anything to you and your siblings. If your father wanted to protect it for you and your siblings he would have had to leave it in a trust when he passed away.
Your dad's last will and testament will control where his property goes. One possible avenue is to contest the will, i.e. try to get the will declared invalid. If that were to happen, then your dad's property would pass intestate (under the state laws in the state where he passed away). However, I clearly cannot comment on whether your dad's last will and testament was drawn up and executed properly. The Ohio intestate laws allow kids to get some of there parent's assets (depending on whether his wife was still living) but I cannot comment on the intestate laws in your state (if not Ohio).
If you wish to discuss your case further at no cost to you, feel free to contact me.
Best regards,
Simon W. Johnson
www.swjlawoffice.com
(440) 477-6075
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