Legal Question in Wills and Trusts in Ohio

What rights do children have in parent's death?

My mother in law passed away 2 months ago and her will has still not been read. My step father in law tells us it is because her will is not going through probate. There is bad blood between him and the family and I want to know what right we have to demand to see the will. We have been told that just because a will is written, doesn't mean it is binding! Is this true? We want her last wishes to be fulfilled and believe my step father in law may have other ideas! Please help!


Asked on 7/24/01, 10:51 pm

1 Answer from Attorneys
WILLIAM BRANDWEIN WILLIAM A. BRANDWEIN, A PROFESSIONAL LAW CORP.

Re: What rights do children have in parent's death?

The will if properly made is a valid will. You should petition the probate court in the county where she lived to administer the estate. Your step-dad gets notice and then he must produce the will to prevent every thing going by intestacy. If he fails to deliver a will, you can subpeona him to produce. If this is in Franklin County or a surrounding county I can refer you to someone as I still maintain an office in Columbus, Ohio.

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Answered on 7/25/01, 11:36 pm


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