Legal Question in Wills and Trusts in Ohio

I live in Ohio and my father passed away about two months ago. There are several members of my family -- and my step-mother's family -- who are strenuously suggesting that I investigate my father's will because they find it hard to believe that the man would leave me absolutely nothing. I was not contacted for the reading, therefore assumed I was, in fact, not mentioned in the document. I am in completely unfamiliar territory here, and would like to know how one might go about researching a parent's will without formally contesting the thing. My relationship with my step-mother (and some of her family) is contentious at best, so I don't want to raise a stink. However, if I should find my father's wishes were not what I have been told, I would like to then start making waves and see whose boat gets rocked.


Asked on 7/21/10, 2:50 pm

1 Answer from Attorneys

Daniel Zigray The Zigray Law Office, LLC

You should first find out how long you have to challenge the validity of your father's will. The law in Ohio is that you have 3 months from the date of the filing of the Certificate of Service of Notice of Probate of Will. This is a probate form that has to be filed in the estate. After you have determined how long you have you should quickly seek the advice of an attorney. I always tell my clients to get a copy of the will and the application to probate the estate. Again, you can get these from the court file. When a will contest is being contemplated, the "relationship" between the child and the parent is examined; ie, if there was a good, loving relationship, the question then becomes "Why were you left out of the will?" The next questions are: 1) was there undue influence exerted upon him to leave you out?; 2) was your father competent? 3) What was your father's medical/physical/mental condition when he signed the will? Filing a will contest is a complicated and complex matter that should be handled by an attorney who is familiar with these types of cases.

Read more
Answered on 7/21/10, 7:02 pm


Related Questions & Answers

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