Legal Question in Wills and Trusts in Ohio

wills

legal rights never had a reading of mothers will or even received a copy, & now step father wants to set up 2 separate trusts. I don't want to sign my rights away to the original will.


Asked on 3/29/09, 3:47 pm

2 Answers from Attorneys

Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: wills

If you don't want to take the next step, before understanding the first step, you can file a motion with probate court demanding production of your mother's will. I suggest you consult with an attorney about this option.

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Answered on 3/30/09, 10:31 am
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

Re: wills

Generally when a will is probated you will receive notice of the probate proceedings and a copy of the will or you can request a copy of the will. Contrary to popular thought there is generally not a "reading of the will."

If all of your mother's assets were joint with your stepfather then there might not have been anything to pass through the will. Furthermore the will could have given everythign to your stepfather (this is not unusual). If that is the case then you do not have any "rights" in the property any more.

I would suggest that you have an attorney review any documents that you are being asked to sign.

This is intended as general information and not legal advise nor does it create an attorney client relationship. Please consult with an attorney for information specific to your situation.

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Answered on 3/29/09, 4:14 pm


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