Legal Question in Wills and Trusts in Ohio
My partners brother passed away 7/8/18. He had no will according to his sister
whom was with him every day, but his step daughter claims their is but I am 99%
sure there isn't one. His brother's wife passed 2/23/18, he has 1 biological
son who has talked to a lawyer and he is not able to claim because as a child he
was adopted by one of his mother's husbands, his parents are both deceased, so
what I have read that leaves his siblings to inherit. The step daughters after
not claiming their step father just 5 months prior when his wife of 38 years
passed away was left out of planning the funeral and left out of the obituary,
now are claiming him just to take his belongings. What can my partner do to
claim what is rightfully his and his other siblings?
1 Answer from Attorneys
I highly recommend consulting with an attorney that specializes in probate. Given the facts you have stated, it does appear that your partner’s siblings would inherit if he died without a will. The stepdaughters have no claim on his estate unless they are specifically named in his will. Any one of his sibling can open his estate and be appointed fiduciary. If the stepdaughters admit the will to probate and you do it believe it to be valid, your partner can contest and prove otherwise. If your partner needs assiastance I am available and you can contact my office. www.socrateslegal.com