Legal Question in Wills and Trusts in Ohio

Father-in-Law's will

My Father- in-Law died in 2004. There was no reading of the will & We didn't think anything of it. Mother-in-Law is still alive. There are 5 (older) step brothers & sisters. My husband is the only son of My Father & Mother- in-law together. There has been a problem with the selling of the farm as pertains to the will, and the other family members are saying my husband can't see his father's will. What are our rights?


Asked on 5/31/07, 5:46 pm

2 Answers from Attorneys

Frank Rozanc Frank J. Rozanc, Esq.

Re: Father-in-Law's will

Has the will actually been probated? If so, It is on file in the probate court. If not, there is no executor/administrator appointed yet.

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Answered on 5/31/07, 5:54 pm
David Davies Law Office of David H. Davies

Re: Father-in-Law's will

There may be a number of reasons why your father-in-law's will was never "read." There may have been no property in his name that needed to be probated-or, and this happens quite frequently, the title to the real estate was in both the husband and wife's names and mom just neglected to have the father's share transferred into her name.

If there is a problem with the title to the farm, my guess is the property was at least partially in Dad's name and was never transferred.

If your husband's mother is capable, she is the person who would normally be named in the will to handle the papework. It could be that your father-in-law actually named someone else to be the executor-your husband? and that is why he is not being allowed to see the will.

There is a way that your husband could force the situation. I will need additional information before I can point you in the right direction.

I have been handling difficult probate matters for over 30 years. Feel free to call or have your husband call and I will be happy to discuss this further. There is no charge or obligation for the call and the conversation is strictly confidential.

Good Luck!

DHD

"Justice Is No Accident!!"

Lots of questions.

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Answered on 5/31/07, 6:43 pm


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