Legal Question in Wills and Trusts in Ohio
Am I an heir?
My grandfather passed away in November of 1999, leaving his wife, my grandmother who was being cared for in a nursing home. I looked on the county probate court page to see if my grandmother had a will, she did not. The fidicury was my grandparents oldest child. There were a family of 3. my father was the middle child. He was killed when I was 14. The estate was in excess of 100,000.00. Would I be entitled to any inheritance due my father? I believe power of atty was given to my aunt before my grandfathers death. I have never heard anything from them, nor have I seen a will. Is there any legal action that I may take?
1 Answer from Attorneys
Re: Am I an heir?
I am a bit confused. You say that your grandfather dies leaving your grandmother. You say you check the probate court and found no will for your "grandmother." Did you mean your grandfather? If your grandmother is still alive, you would not find a will filed with the probate court, unless it was placed on deposit for safe keeping.
When your grandfather's estate is probated, whether he had a will or not, you and any siblings should be notified by the court or his executor as a "next of kin,� because your father�s share passes through to you. As a next of kin, you can make a claim against the estate. If there is no will, then you are entitled to your father�s share as statutorily prescribed. If there is a will, and it is somehow defective, then you can file a �will contest.�
I hope this helps. If you have further questions, please contact me directly at 216 241 2500.
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