Legal Question in Wills and Trusts in Ohio

Inheritance from Aunt

My Aunt & her husband of twelve years just moved into a nursing home, leaving her home vacant.

Her husband had sold his home and gave all his estate to his two children just before his marriage to my Aunt.

My Aunt has her home paid, and a Will made out to my mother. Plus she has CD's willed to me and my brothers and sisters. All this has been set prior to their marriage.

There was a legal note wrote after their marriage, that states ''If she dies, her husband may live in the house til he dies.

Now, his son has a lawyer that wants to change the will to include their father in the inheritance.

My question is ''What can we do, not to change the existing will, and can my mother sell the house?'' Being that his kids already inherited everything from their father, why do they want more? Their father is 91 yrs old.


Asked on 8/24/02, 9:23 pm

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: Inheritance from Aunt

As long as your Aunt is of sound mind and memory, she is free to change her will, and sell her property to whomever, and however she wishes. If you believe that she is no longer able to make these deciions competently, you should make an application for a guardianship of the person and estate for your aunt with the county probate court where she is presently residing.

Read more
Answered on 8/25/02, 9:46 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Ohio