Legal Question in Wills and Trusts in Ohio
My great-grand father married my great-grandmother after the birth of her 3 kids, one being my grandmother. My great-grandmother passed away a while ago, and after that he had a companion and she eventually moved into the home with him. Now he passed away
April 22, 2009 and he had 3 bank accounts 1 with 500,000 --1 with about 250,000--and the last one I not sure of the amount but both of their name was on that one only. The house is still in both of my great-grand parents name. My mom received a letter from somewhere saying in 1974 he had put her down as the beneficiary of his retirement fund or something I am not sure exactly what it said because she wouldn't show her she just said she was supposed to received 20,000. I am thinking it is more than that because she went and withdrew the money. When we were at the funeral home and was asked to look over the death certificate she had his last name as her last name and they were never married. She then went and got 5 copies. I believe she used those fraudulent death certificate to move the money around. My grandmother was told that her mother estate would be opened back up to resolve the house issue and money since he has no children. She is still living in the house and we want her out. She told the family that the house and money was in the Summit County Probate Court and that the house would go to my grandmother and her two sisters, and that the court would decide where the money and car would go. She said it would take about six months. I called the Summit County Probate Court and I was told nothing was ever filed. I would like to know is there any thing that my family could do? We are not that worried about the money, except what ever portion is my great-grandmother's, we just would like the house to remain in our family. That is where we all grew up.
1 Answer from Attorneys
It is a difficult case, and your facts are a little confusing. It is best if you consulted an attorney you can sit down with, get all the necessary facts and get you an accurate answer. More information is necessary to properly evaluate this situation. Is there a will? Did your great-grandfather legally adopt his step-children? How are all the assets titled? etc.
Regarding the home, if it was left in your great-grandparents name jointly, when you great-grandmother died, it should have gone to her husband. On his death, if he had no children and no will, the house, as well as his other assets, would go to his heirs at law and not to your great-grandmother's family or his companion. Other facts may change that answer so it is important for you to consult with an attorney to completely answer your question. My office offers free consultations. I presently reside & practice in Summit County, you can contact my office at http://www.socrateslegal.com.
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