Legal Question in Wills and Trusts in Ohio

last will & testament with a codical

My father passed away leaving my brother & I 2 parcels of property to be jointly owned in his will in 10, 2004. In 6,2005 he had the parcels divided and my name on 1 and my brothers name on another to be transferred upon death . There is no codical to his will. The property that my brother got is worth about three hundred thousand and the property I got is worth about thirty thousand. I believe my father did this without realizing what he was doing because a few months later he was declared incompetent. Can I fight this or can the will be upheld without a codical


Asked on 3/13/07, 2:15 pm

1 Answer from Attorneys
Robert Rosplock Rosplock & Perez

Re: last will & testament with a codical

Property which passes by transfer on death deed is not controlled by a persons will. Your issue is whether your father was competent to sign a deed in June, 2005.

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Answered on 3/13/07, 3:05 pm


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