Legal Question in Wills and Trusts in Ohio

Re: My Father's Will

It's difficuly to say. If there is a will, it should be probated, unless there are no assets to probate. For example, if all your father's assets where held jointly with your step-mother, there may be no assets in the probate estate. If there are assets to probate and a will, you may need to petition the court to require your step-mother to produce the will.

If there is no will but there is a probate estate, the estate would be split one-third to your step-mother and two-thirds to all of your father's children. You could apply to the probate office to be named administrator of the estate. If named as administrator, you would be in a position to insure the estate is properly distributed.