Legal Question in Wills and Trusts in Ohio
Step Mother Liquidating (once) Family Assets
My father died five years ago leaving my step mother a vacation home, a large family home, and a large sum of money. Both properties were bought while my mother was still alive. My brother�s and sisters have never seen my dad�s will but believe he would have left everything to his second wife. The vacation property is now for sale and I�m assuming she�ll eventually pass on the family home to a step brother/sister. Do my brothers, sisters, and I have any recourse?
2 Answers from Attorneys
Re: Step Mother Liquidating (once) Family Assets
Not unless you wish to contest the will. That can only be done if he did not have the ability to make the will.
Good Luck!!!!!!!!!
Re: Step Mother Liquidating (once) Family Assets
You first must look at the deeds to the properties he and your mother owned before her death. If they are survivorship deeds, the property passedto him automatically upon her death. If they are not survivorship deeds, then you must ascertain whether mother had a will. If she did, look at it to see to whom she left the property. If she left her interest in the property to your dad, he could leave it to whomever he chose. You need to ask his attorney whether your dad and his new wife had a prenuptial agreement that might effect the way she leaves any property she inherits from him.
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