Legal Question in Wills and Trusts in Ohio

Father died 23 years ago and step-mother died june 07

My father died 23 years ago. and left everything to my step-mother. She passed away in 06/07. She made a friend the executrix. Who we believe is the mother of the great nieces and nephews. In which my step-mother left 9/12th to her great nieces and nephews,(I have never known them) and 1/12th to each of my kids.I was told that I should be in titled to 50%,because it was my fathers before he passed away is that correct? Should I get a lawyer?


Asked on 6/18/07, 11:01 am

2 Answers from Attorneys

David Davies Law Office of David H. Davies

Re: Father died 23 years ago and step-mother died june 07

If your father did in fact leave everything that he owned to your stepmother then she can do whatever she wants with it. On her death she could leave everything to her side of the family and give you and your kids nothing. Are you sure that she got everything from your father�s estate? Did your father set up any sort of trust?

The answer to your question is no, you are not entitled to � of your stepmother�s estate even if all of it came from your father. If he left it to the stepmother then it is hers and she does not have any obligation to your father�s family.

It would probably be a good idea to talk directly to an attorney to see if there is something in your father�s will or estate that gives some direction on this.

Good Luck!

DH Davies

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Answered on 7/02/07, 2:52 pm
Robert Rosplock Rosplock & Perez

Re: Father died 23 years ago and step-mother died june 07

If your father left his assets unconditionally to your stepmother, she had no obligation to "give back" his assets to his natural heirs, including you. She can dispose of as she sees fit. You cannot challenge her will merely because of the beneficiaries she chose.

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Answered on 6/18/07, 11:16 am


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