Legal Question in Wills and Trusts in Ohio

submit an objection to a will in probate

My stepfather recently died. Lifelong he had referred to my brothers and myself as his sons, yet his will left the greater majority of the estate to to his blood relations, basically disinheriting his sons. My mother expected us to get everything, which was written in the previous will, but she died before him. Last year he had a stroke. He then wrote the latest will that gives away the estate. I suspect the stroke and the other family influence caused his decision, but i can't yet prove it. I need more time, but probate only gave me 90 days to object. The probate lawyer would not tell me what process to go through in order to stop the estate from going to others. He also said he will use my fathers money to fight against me. What can i do? I have very little money. Is there a petition or form i must file to impede the process or a way to get my position recorded in court? I was in shock when my dad died and i found out what he had done. I was not able to move on this or even to think rationally.


Asked on 11/11/07, 11:26 pm

1 Answer from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: submit an objection to a will in probate

Once there is a dispute among family members in the distribution of an estate, the lawyer handling the estate will need to represent the nondisputing side. You are contesting the will and therefore are in dispute. Seems to me he could have told you this, or did and perhaps you didn't understand. If you can't afford another lawyer, then I suggest you write a letter to the court explaining your position. Be as thorough as you can. And if you have evidence about your stepfather's illness, medical bills, etc.,that might prove his incompetence or having been unduly influenced, and also your mother's will as evidence of a different distribution, include that.

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Answered on 11/12/07, 8:48 am


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