Legal Question in Wills and Trusts in Ohio

If Vicky's mother died without a will, Vicky would be able to proceed with the probate of her estate. The laws of descent and distribution would govern how the assets would pass. If there is no surviving spouse, then the children would inherit the assets equally before the aunt would.

It is difficult to find out if there is a valid will, unless you knew which attorney she used or if she filed it at probate court. You can call Cuyahoga County Probate Court and check to see if there is a will on file there, or go online to see if an estate has been opened. If she needs some assistance, I would be happy to help. I can be contact directly through my website at: http://www.socrateslegal.com.

I am sorry to hear about your friend's loss. As attorney Socrates stated, it can be difficult to determine if a valid will exists or not, and if there was no will then the assets would pass according to Ohio's statute of decent and distribution.

If the decedent was clear minded when she spoke to Vicky, it could be there is a will and the sister is secreting it in some way to try to benefit herself. Unfortunately, I have seen situations like this before. Ohio law provides for a special proceeding where the Probate Court can issues a Citation to be served by the Sheriff upon the sister, or other party suspected of secreting the will, and commanding them to appear, produce the will or explain why they cannot do so.

Another possibility would be to file an application to probate a lost, destroyed or spoiliated will, with the best scenario being maybe someone has a copy of the original which could ultimately be admitted to probate following one or more hearings with evidence.

In the event Vicky would like additional information or assistance, my office is located in Westlake, Ohio, and we can be reached at 440.899.7710.