Legal Question in Wills and Trusts in Ohio

Hope you can give me some direction here. Before my parents died we had discussed their finances and of the four children, whom was to receive what. I did not ask to see the wills just assumed what they were telling us was accurate. After both passed the attorney holding on to the will, only my father's as my mothers had come up missing and she passed away after my father, announced that my brother was the only beneficiary of the estate and investments. I'm assuming the only option I have is to hire an attorney to help prove my biological connection to both parents and upon doing so that this evidence will outweigh anything written in a will. I have consulted an attorney, but they informed of the upfront expense and that it would be expensive to fight this. One attorney did try to help soon after their passing, but my parent's attorney refused to release the will. By the way both parents raised all four children so we haven't any idea why our parents would have done this. The only possibility is that the most recent wills were destroyed and only the very old one of my fathers survived. My parents were living and passed in Ohio. Thank you for any information.


Asked on 9/04/10, 7:58 am

1 Answer from Attorneys
Daniel Zigray The Zigray Law Office, LLC

It sounds like there are a total of 4 children. All of you would be "heirs at law" and as such, you are each entitled to a copy of the will(s) of your parents under Ohio law. How the attorney is withholding the will is beyond me, he has no right to do so. The way to get the will is to file a complaint to produce the will. This is a fairly simple process. I am not clear why they would say that your one brother is the sole beneficiary UNLESS these assets were transferred to him as a "survivor" on an investment account or unless he was named as a beneficiary at their death. If you have to prove a "biological connection" it is my understanding that this would have had to have been done within a few years of you turning the age of 18. I am a little uncertain as to why this is an issue, unless your father is not named as such on your birth certificate. There is much additional information I would need in order to give further insight into this problem.

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Answered on 9/09/10, 11:28 am


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