Legal Question in Wills and Trusts in Ohio

Your mother can apply to be the administrator of your grandma's estate in the county probate court. However, since your grandmother did not have a will, under the laws of intestate succession, you uncle, mother and any other siblings would share the estate equally. It may not seem right since your uncle was absent from her life for so long, but without a will it he cannot be excluded.

Please accept my condolences for the loss of your grandma.

I would agree with attorney Socrates regarding your mother being able to apply to the Probate Court and be appointed the Administrator to handle your grandma's probate estate.

However, I would point out that the intestate share that your uncle would be entitled to only extends to grandma's "probate assets." Probate assets are those assets that your grandma owned individually, without a joint owner or a designated beneficiary.

I often find that in family situations similar to what you have described with your uncle being out of the picture for so long, that your grandma may have named other family members, such as your mother as a joint account holder or as a beneficiary on certain types of assets. If this is the case, then those assets would go directly to the joint account holder.

I would suggest that your mother contact an experienced probate attorney for a consultation so these issues can be explored in detail. My office is located in Westlake, Ohio. If we can be of further assistance, please feel free to give us a call at 440.899.7710.