Legal Question in Wills and Trusts in Ohio

i cant find my fathers will

i have been searching for my fathers will and have not been able to find it no lawyer so far or public records. He was divorced and i'm the oldest of his 2 children...Iknow we get half but i dont want his properties to go to probate,when he worked so hard for everything i can handle the bills too so where does this go from here?


Asked on 10/20/08, 3:57 pm

1 Answer from Attorneys

Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

Re: i cant find my fathers will

Whether or not your father's estate goes to probate depends on how he owned his assets not on whether he had a will. If he owned any assets in his name alone (not joint or payable on death to someone) then you will need a probate administration.

If you cannot locate the will it will be considered an intestate administration and if their are two children it will be divided between you. Either you or your sibling will be appointed administrator and can take of transferring the assets and paying his debts.

I would suggest that you contact an attorney who can review the assets and advise you on how to proceed.

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Answered on 10/20/08, 4:51 pm


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