Legal Question in Wills and Trusts in Ohio

These types of matters can be contested if your husband knows that an actual will was executed or if there was substantial evidence that his aunt wanted to name him in her will. Was any copy of the will ever found? A copy can be probated if an original will is lost. Does your husband know which attorney she used to draft and execute her will? You can always go to that attorney to find if one was executed or even stored by the law firm.

If the will cannot be found, then the law of intestate succession specifies who inherits. If there is no surviving spouse or descendants (children, grandchildren, etc.) of the decedent, then in Ohio the next of kin would be siblings or their descendants. But if a copy of the will can be found, and the copy shows that the original will was in fact executed, then there is a process to ask the probate court to accept the copy with the same force as the original. It's called a lost will proceeding. Then the provisions of the will would apply. If the will specifies your husband as an heir, then he will inherit. If you have a copy of the lost will, or any other legal estate planning documents prepared for the deceased aunt, consult that lawyer to see if he/she either has possession of the original will or a photocopy of the lost will showing the deceased aunt signed it. Then you can proceed under the lost will statute. This process is complex and you should have legal counsel to see that it is done correctly.