Marysville, OH asked in Estate Planning and Probate for Ohio

Q: Attorney is stuck out of country with no other attorney in office to handle my Mom's estate. She was decease 4/12

. We cannot get ahold of him only through secretary. He won't tell us anything about her will or what is going on. His secretary just tells us to give up house keys. There is no debt. Money was all POD. Only thing left is house and car. I'm feeling like there should have been someone else to handle this attorney affairs. What is our recourse?

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2 Lawyer Answers
Mark Martin Turner
Mark Martin Turner
Answered
  • Estate Planning Lawyer
  • Cleveland Heights, OH
  • Licensed in Ohio

A: First off, I don't fully know the situation with your Mom's attorney and I am not trying to step on anyone's feet. However, you are not required to use the attorney who has the will to open the Estate. You can use any attorney or at least any attorney that practices in the probate area to open your mother's estate. The will is not needed to open the estate either, although the will may name an executor. Once the estate is opened, the will must be given over and the attorney you hire to open the estate can demand it from your Mom's attorney or secretary. I hope this answers your question.

1 user found this answer helpful

Mary Ellen Leslie Esq.
Mary Ellen Leslie Esq.
PREMIUM
Answered
  • Estate Planning Lawyer
  • New Albany, OH
  • Licensed in Ohio

A: Has the attorney been retained to handle the estate? Has anything been filed yet in the Probate Court? You have no obligation to follow the secretary's instructions.

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