Legal Question in Wills and Trusts in Ohio

father recently died executed a will however never signed

My father recently passed away and he actually met with an attorney to execute his will. I am one of two foster children who remained as caretakers upon his death. I'm 40 years of age. His niece has stated we have no rights because were not blood related. I've discovered that the attorney gave my dad the will to sign and have it registered. No one knows where the signed will is. The attorney has the unsigned copy. Finding this out, what rights do we have since we are not my dad's biological children. My niece feels she is the executor, but if there is not a signed will, does she still become the executor


Asked on 4/12/08, 3:05 pm

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: father recently died executed a will however never signed

If the will was never signed and properly witnessed, it is not valid, and will not be followed by the probate court. If you were actually adopted by him as foster children, you would have the same rights as blood children under the Ohio statutes of descent and distribution. If bot, you would have no rights at all.

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Answered on 4/13/08, 2:44 am


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