Legal Question in Wills and Trusts in Ohio
waiver of notice of probate of will
my husband was very close to his uncle for 40 years. ten years ago we met, married and moved out of his home town. his uncle, whom was single seemed upset, but told us he was glas to have his nephew find a wife.
well, over the 40 years of them both being very close, my husband was promised to take care of his affairs when he passed.
he had passed months ago, with no one contacting my husband to infrom him. (we live across the country)
he noticed an abituary with his uncles name, where he had passed away back in january.
he immediately called a cousin and asked if he should fly back, or call his uncles lawyer, to help with his affairs.
his cousin informed him that he was made the executor, and my husband was the only counsin not named in the will.
my husband was distraught, for he was the closest to family his uncle had for forty years.
today we recieved through the mail a letter from his uncles attorney, asking my husband to sign a ''waiver of notice of probate of will'' along with the copy of his uncle's last will and testiment'', where my husband was not named.
we are confused. why would my husband recieved any papers and a copy of his uncles will when he is not named.
his uncle has a very substancial estate.
2 Answers from Attorneys
Re: waiver of notice of probate of will
Notices of probate need to be sent to all persons named in the will and all persons who were the deceased's next of kin.
The sending of the notices starts the running of the period to contest the will.
Re: waiver of notice of probate of will
All next of kin are notified. Apparently, as his nephew, your husband is among his uncle's next of kin. Notification of this nature also puts the next of kin on notice about possibly contesting a will.
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