Legal Question in Wills and Trusts in Ohio

wills

My stepfather-in-law died recently my mother in law is having trouble with his adult children they put locks on all of the buildings on the property he was sick with cancer and willed the land to a daughter can they do this before the will is read?


Asked on 1/06/04, 12:10 am

2 Answers from Attorneys

Paul Nidich Paul A. Nidich, Attorney-at-Law

Re: wills

I have little to add to the answer of attorney Brumbaugh, except to mention that there isn't really a "reading of the will." The will needs to be taken to an attorney to probate, the sooner the better.

Good Luck.

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Answered on 1/06/04, 10:34 am
Jeffrey Brumbaugh Brumbaugh Law Firm, LPA

Re: wills

The answer to your issue will depend primarily on how the real property was titled prior to your stepfather-in-law's death. The deed will need to be reviewed to determine how the property was titled.

Depending on the language of the deed, the Will may have no bearing on the disposition of the real property.

Another issue may involve the length of time that your stepfather-in-law was married to your mother-in-law. In Ohio, the general rule is that one spouse may not completely disinherit another spouse, but there are exceptions.

To preserve your rights and/or those of your mother-in-law, please have an attorney review the specific facts of your situation; this situation would be extremely difficult to handle on your own.

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Answered on 1/06/04, 8:27 am


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