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.
1 Answer from Attorneys
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.