Legal Question in Wills and Trusts in Ohio
My husbands father passed away in 1992 and although there was a will - my husband was young and waived Probate - everything went to his father's wife at the time. Now, most recently his grandfather has passed. They are requesting that he again waive probate, but isn't he entitled to his fathers share of the estate? In the will - there is mention that his father is deceased and they specifically designated that my husband get nothing, but can't this be contested?
1 Answer from Attorneys
Signing a waiver of notice of probate does not affect the distribution of the assets. It only acknowledges that you know that the will is being probated and starts the period for contesting the will.
Your husband's grandfather's estate will be distributed accorrding to his will and if he specifically designated that your husband get nothing then that would be followed unless you can sucessfully contest the will. A successful will contest requires that you can show that his grandfather was incapaciated when he signed the will, was under the influence of someone else, or there was some sort of fraud involved. Please be aware that if you want to contest the will you need to do so within three months so do not delay.
This answer is only general advise and does not create an attorney client relationship.
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