Legal Question in Wills and Trusts in Ohio
How to Recover missing will
My mother died in Ohio 07. My sister and I cannot find our mother's will. Our brother who lived in the home will not produce anything, saying that he is entitled to everything, and now he has lost the house to foreclosure. He is taking what he wanted, leaving the rest to go to auction. We would like to get our personal things out of there. He did not even honour our mother's wishes by putting her ashes next to our father.
2 Answers from Attorneys
Re: How to Recover missing will
I am sorry to hear of your loss.
In Ohio we have a special statutory procedure (Citation to Produce a Will) which can be used to force a person that intentionally secrets a will, such as your brother, to produce it and deliver it to the Court.
Also, if the will has been lost or destroyed, there is a different proceeding to try and establish if a copy or other evidence can be used to prove the terms of the Will.
If your brother did other things improper, or transferred assets to himself, he could be liable to you and your sister.
These types of cases involve many facts and variables, so you should have the situation reviewed in detail by an experienced probate attorney in Ohio. If your mother lived in the Northeast Ohio area, which is where I practice, and if you would like more information please feel free to contact me at 440.899.7710.
Best of luck with your situation -- Tony Rifici
Re: How to Recover missing will
You do not need the will to start probate. Do so. Your brother will need to account for the assets and what happened to them.
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