Legal Question in Wills and Trusts in Ohio

Father's estate

My Dad died My 20, 2006. He was married, but I am his only child, but from first marriage. What do I have rights to?


Asked on 11/29/08, 4:22 pm

1 Answer from Attorneys

Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

Re: Father's estate

The answer to your questions depends on what type of property he owned and whether a probate administration was started.

Generally if a person dies without a will and has property that is subject to probate (property that was not held as joint with right of surviviorship or property that names a beneficiary) then a surviving child from a previous marriage has the right to share in the property.

If all the property was held as joint with right of surivorship with the spouse you may not have the right to anything unless you can show some kind of undue influence. Since it has been more than 2 years since your father died you may be out of time to contest anything.

This answer is general legal information and is not intended as legal advise nor does it create an attorney client relationship. You should consult an attorney for legal advise particular to your situation.

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Answered on 11/29/08, 5:12 pm


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