Legal Question in Wills and Trusts in Ohio

My mother recently passed away in Ohio. We were suspicious last spring when we heard that she was getting calls from Washington state. She doesn't know anyone there. She had also been diagnosed as a paranoid schizophrenic. We were worried that someone was influencing her because of her behavior. Four months later she passed away. She left her estate in the will to us (her children) to be divided up. However, she owned no property. She did have cd's which she recently cashed in and put into a money market account. The bank said that she named a charity as the beneficiary. Is there anything that we can do to claim the money? Thanks,


Asked on 1/24/10, 2:06 pm

2 Answers from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Yes, It depends on whether her estate is probated or she named benefiaries on her account. The family can file a claim against the beneficiary to get at least some of the estate back.

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Answered on 1/29/10, 2:28 pm
David Davies Law Office of David H. Davies

I am sorry to hear about your Mom's death. Your questions raises a number of issues. You and your siblings may have a claim against the named beneficiary but in order to pursue the claim, an estate would have to be opened and the person named as executor would then be able to try to recover any assets that should go to the estate. If the named beneficiary is located outside of Ohio other issues come in to play.

I suggest that you talk directly to an attorney as soon as possible. I have been handling these types of matters for over 30 years. I would be happy to talk to you if you want to call me at 440-953-2000. No charge or obligation for a confidential telephone call.

If you don't call me, you should call someone. Time may be an issue.

Good Luck!

DHD

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Answered on 1/29/10, 4:17 pm


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