Akron, OH asked in Estate Planning and Probate for Ohio

Q: How do we access my father's will if it was never filed and wife will not let us see it.

She says everything was left to her and never let us see the will. We (his adult children) were in his will at one point, but not sure if it was changed once they got married or once he got sick. Is there anything we can do?

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2 Lawyer Answers
Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: Yes, you can hire a probate attorney to help you probate your dad's estate. That will smoke out the will. No matter how many you ask this question the answer wil be the same. Obviously simply asking for a copy has not worked, and why bother suing her for a copy when you can send your legal dollars doing something potentially way more productive.

Joseph Jaap
Joseph Jaap
Answered
  • Estate Planning Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: You or another family member can file to administer the probate estate. The wife and all other next of kin would be notified by the court, and ordered to produce a copy of the will, if one exists. Of course, if the will is not favorable to the wife, she could destroy it, and elect to take her spousal share of the estate as provided by Ohio law as if there is no will. Use the Find a Lawyer tab and retain a local probate attorney to review the situation and advise you.

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