Legal Question in Wills and Trusts in Ohio

Re: Lost Will

You might consider filing a motion to compel production of the will with probate court. I suggest you talk to a probate attorney to discuss this possibility.

Re: Lost Will

Generally in Ohio wills are not filed until someone passes away. You could check with the probate court in the county where she lived to see if the will was filed for safekeeping.

Re: Lost Will

You have my condolences on the loss of your mother.

In Ohio, a Last Will & Testament is not "recorded," but it may be placed "on deposit" with the Probate Court for safekeeping. There is no requirement that a will be placed on deposit, and the practice varies from one attorney to another, as well as from case to case depending on a client's wishes.

If you are unable to locate your mother's will by contacting the county Probate Court where she once resided, you might also check adjacent counties.

If this fails, follow the trail of the attorney who prepared the will; you might be able to find out who took over his or her practice or files, and the original will may be with that person.

Also, if an original will cannot be located, maybe a copy or notes regarding the provisions of the will can be located with a family member or close friend.

When all else fails, Ohio has a procedure for admitting a lost will, which requires a hearing and that the proponent of the lost will establish certain criteria with evidence and/or testimony.

Also, there is no legal method by which a person can "take it upon herself to be administrator." An Administrator must be appointed by the probate court; if this was not done, then she is not an Administrator.

In addition, if there has been a fake will prepared or if someone is hiding the original will, there is a procedure called a Petition for Citation to Produce Last Will and Testament, where the county sheriff can serve a Citation upon the person commanding them to appear in Probate Court and produce the original will or explain why they cannot.

If the facts are as you have described, you have a complicated legal situation which should be reviewed in detail by an experienced attorney. I suggest that you promptly meet with an attorney.

I wish you luck in resolving your situation.