Legal Question in Wills and Trusts in Ohio

I have a will that shows my mother as sole beneficiary of the property. She lives in OHIO and now we are being told we have to get permission from the cousins who were on a will before it was amended removing them and are trying to get the deed from her deceased father transferred to her. Is this true that we need their signature for the transfer since they are not named as a beneficiary now. They will also be contesting the will and will they have a case to contest its contents?


Asked on 7/12/13, 10:18 pm

1 Answer from Attorneys
Christine Socrates Meyers, Roman, Friedberg & Lewis

Can you clarify who the parties are? It appears from your question that your uncle passed away, and he has named your mom, as beneficiary. If that is the case and you are trying to probate his will, you will have to name his children as next of kin and they would have to sign waivers or receive notice of hearing on the will as well as the appointment of executor even if they are not named as beneficiaries in his will. They are "heirs at law", so if there was no will or the will was set aside, they would inherit. I cannot answer whether they have a case to contest as I do not now what grounds they are setting forth for the will contest. Some examples of grounds for contesting may be the testator lacked the capacity to make a will or was coerced into making the will, but without more details, that question cannot be answered. Thank you.

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Answered on 7/16/13, 9:51 am


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