Legal Question in Wills and Trusts in Ohio
My sister in law wants father in laws inheritance before his death
My sister in law is trying to have my brother declared incompitant(she says he hallucinates)and isn't expected to live much longer. We don't know if this is true because she won't allow any of the family around him. The reason she wants declare him incompitant is because she wants to get his part of our fathers inheritance. The thing is my father hasn't passed yet, but she wants it now anyway because she says my father will live longer than my brother. If she is allowed to do this she wants my father to tear down part of his house because my brother receives the garage and all the tools in it. My sister and I will get the house.
3 Answers from Attorneys
Re: My sister in law wants father in laws inheritance before his death
Your father's will determines who will obtain his property at the time of death. A will does not take effect prior to the time of one's passing.
It is apparent that most of the persons involved in this matter are misinformed about probate law. You may want to consult with an attorney in order to get a better understanding of the law and the relationship of the parties.
Re: My sister in law wants father in laws inheritance before his death
Incompetency hearings are conducted by the Probate Court. If your father passes before your brother and your sister-in-law had been appointed guardian for your brother, the money would flow into the guardianship and be supervised by the court. Upon your brother's passing, then his assets would go according to his will, or Ohio law if he doesn't have a will. If your brother passes prior to your father and she is guardian, then it again would pass according to your brother's will, or Ohio law if he doesn't have a will. Your father can always change his will to say where the assets go if your brother dies before him. She has no rights to any assets prior to your father's death and then after his death, only by virtue of your brother.
Re: My sister in law wants father in laws inheritance before his death
Mr. Flahery is absolutely correct in his response.
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