Legal Question in Wills and Trusts in Ohio

Re: Is There a Time Limit for Children of Deceased Parent

First, your stepmother may claim to be his wife because their "common law marriage" would have occurred before 1992 if your father has been presenting her to everyone as his wife. She may make this claim. Second, there may not be any probate if your father made everything into joint & survivorship assets with your stepmother. J&S property automatically goes to the survivor without probate, which means that she may have automatically received everything. Third, if everything is not J&S, now your stepmother (has 1st priority) or you or any of your siblings may file with the probate court to open his probate estate and review assets. Under the law, if there are probate assets, your stepmother may receive up to the first $60,000 plus 1/3 of the balance. Your siblings and you would only be entitled to the balance. Fourth, there is no time limit, but the key question is whether or not there is anything subject to probate. You may force open this issue by applying to be administrator of your father's estate and then force your stepmother to reveal the assets through subpoena.

Harold L. Hom