Legal Question in Wills and Trusts in Ohio

I have a question regarding my step father. He has terminal cancer. He has 2 children from his first marriage, that he supported with child support and spousal support while they were growing up. They are now adults, but have had no contact or very little with my step father for 30 years. When they have had contact, they have been verbally abusive to him and have absolutely no relationship with him. They have found out that he is terminal and my step father's brother showed up at the house to visit, and began taking photos of things in the house. We feel like they are going to try to take things from my mother after he passes away. They have been married 40 years and have a trust and a will. In my stepfather's will, he leaves each boy 5 thousand dollars and stipulates he doesnt want them to have anything else. Are they entitled to any of his estate? and can they force my mother to divide what she has with them?

Thank you for your time,

SHinshaw


Asked on 8/22/09, 7:23 pm

2 Answers from Attorneys
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

As long as your step father's will is valid then it will control and his son's from the first marriage will have to abide by the terms. They may make things difficult for your mother so I would make sure that an attorney is involved so that she can handle anything that arises.

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Answered on 8/23/09, 8:35 am
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Since your there will be a valid will that your father will leave behind, the terms of the will will be followed. From what you write, household items are not include as part of this estate that goes to his children, whether or not photos are taken.

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Answered on 8/23/09, 8:36 am


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