Legal Question in Wills and Trusts in Ohio
Ohio. My dad just died this week. He had a significant other for 33 years. They owned 1 house together which contains all of my father's possessions. My dad has a trust, one other house in his name only, land property his name only, and stocks and bonds his name only.
She is the executor. My bother is the back up executor. (She says)
Do I need a lawyer?
From the first day we found out she has talked about selling my dad's things, giving my dad's things to her family, selling my dad's truck and guns to my brother etc...My dad was very wealthy. (millionaire) by what he had told me in confidence.
She decided that my dad should not have an autopsy.
Her actions on the day of my dad's viewing were very concerning.
She did not go up to the casket, laughed and talked about going on vacation in two weeks, almost seemed like a joke.
We were to have food at the viewing and she left us week old leftovers from the house with clearance rolls, and took all of the brought in desert. She looked at us and said I am going out with my brother, you guys are on your own! Smiled and walked out of the viewing and came back an hour later.
How do I know if I should freeze assets, believe she has the right to give all of my dad's things away and sell others without charging much to family, keeping the money given, How can I find out if I am in the trust? How should I protect myself and brothers and sister. She did not like my brother and sister and really wanted to stop them from coming to the funeral. The other brother she favors and they get together and discuss things without the rest of us. Is there really a back up Executor?
I am concerned and not sure which direction to go. I am afraid all will be given away, sold, or handled incorrectly before I can do anything about it. My brother said if I get an attorney she will fight me with all her money and my dad's money and I won't be able to win. HELP
1 Answer from Attorneys
If you are able, I would recommend that you retain your own attorney. If you father had a will and trust, his significant other is required to abide by his wishes under these documents. It is important to review his will and trust to know what you are entitled to and what rights/powers he has given to her. You cannot rely only on her word of what she is entitled to do, you need to see for yourself what your father provided in his estate planning documents. She was not his spouse and under the law does not have the same rights and protections as a surviving spouse. I would be happy to assist and/or consult with you regarding this matter. You can contact my office, www.socrateslegal.com.
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