Legal Question in Wills and Trusts in Ohio
Father passed with a will he prepared himself naming son-in-law as heir. I have been contacted by a lawyer representing his son-in-law. I have been told the will is not in confirmation with the law. I am asked to sign a Waiver of notice of probate of will and Waiver of notice of hearing on Inventory. Son-in-law is also asking to be the executor with an Application for Authority to Administer Estate(I was sent a copy of this). I am in Illinois. They are in Ohio (where he lived).
It is also stated that the Estate appears to be insolvent. But I have not received an itemization of debts vs assets.
What are the implications of signing these? How should I proceed to protect myself in case the Estate actually has value?
2 Answers from Attorneys
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If the will is not in accordance with the law and invalid, then I would file a will contest and have it declared invalid. By signing a waiver of notice of probate of will, you are waiving your right to notice and therefore starting the three month period of which to contest the will. Signing the waiver of right to administer, you are waiving appointment to administer estate, allowing the son in law to be appointed. I would not sign this if you do not agree with his appointment especially if the will is invalid. I would also not sign the waiver of notice of hearing on inventory, given all of these issues and especially since you have not seen an itemization of assets. I would recommend that you retain an attorney to review your case with all the relevant information and properly advise you of the proper actions to take. I would be happy to assist you if you would like. You can reach me at my office at (216) 378-7570 or by email at [email protected].
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