Legal Question in Wills and Trusts in Ohio
how can I see will?
My father died in late july,2003.An attorney called shortly after and said my son inherted something from my father. My wife lost his name. I have tried calling my family and they wont tell me and said we are not allowed to see it yet..The attorney said he would notify us when probate is over. Surely it's over.How do I find out what the inheritance is? we dont have money for an attorney,especially when for all we know his inheritence could be a hot wheel. How can I find the attorneys name?
who can order, that we can see the will? Please help my 9 year old son get his inheritence...
Thanks
ps.. can the attorney be in ethical trouble for not disclosing contents of a will to immediate family?
3 Answers from Attorneys
Re: how can I see will?
If you are a beneficiary named in the will then your son will receive notification of the probate of the will. If he hasn't received notice, it may be that the amount involved in the entire "probate" estate qualifies for a short form administration or release from administration. In that case, the filing of the paperwork with the probate court is the last item to occur so you may not hear from the attorney for several months after the date of death. If your son was a beneficiary of a funded Living Trust, versus the will, then it will be "off record" and the Trustee will be contacting him.
Re: how can I see will?
You can always contact the Probate Court in the county your father lived in at the time of his death. If the the will has been filed for probate, then the court will have a copy of the Will. Depending on the county, the clerk may be willing to copy the contents of the file, and mail you the copies. There will be a charge for the copies. Please note the response you received from Atty Flaherty. If your son's inheritance is a non-probate item, there will be no public record of the item.
Re: how can I see will?
Many probate courts in Ohio have web sites where wills which have been presented for probate can be viewed. The other way would be to contact the probate court clerk and ask that a copy be made and sent to you. This will cost you some money, the amount will depend upon which county probate court the will has been probated in.