Legal Question in Wills and Trusts in Ohio
Do I have any rights?
My mother died in June of 79 in Ohio. I was told by my father and brother that she died poor and without a Will. During a return visit to Ohio I discovered that mom had hidden over $10,000 cash and a small fortune in silver. We told dad and my brother to put the cash in the bank. I discovered that mom did have a Will and probate papers did list me as a surviving son. Her Will stated that she expected and trusted dad to provide for her sons adequately upon his death. In January 91 dad gave my brother POA and $15,000 to have a new bedroom added so he could move in with him, which he did around January of 92. Dads home sold in April 92, which he owned free and clear. In May of 93 dad made out a new Will. He died in July of 2002. In his Will he gave everything to my brother and his kids without any reference to me at all. My brother said that dad was broke and had nothing. The money from the sale of the house, inheritance from my grandmother and, life insurance settlements and any savings he had are missing. My father lived out the remaining two years in a rest home, which appears to have been paid for by the state of Ohio and Social Security since my brother made it appear that dad was poor. Do I have any rights?
1 Answer from Attorneys
Re: Do I have any rights?
If your mother's will left everything to your father, then you have no claim. If the probate paper indicate that you received something when you in fact did not then you would have a claim against the executor of her estate. If the executor was your father, then the claim would now be against his estate. If you think your brother applied pressure on your father to leave everything to him and his family, you could bring an action to contest the will.
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