Q: My father passed away he was my step father raised me for over 50 years. My siblings are trying to cut me out. Can they?
I have a half sister and my father adopted my nephew so I have an adopted sibling also I was told there is a will that is 30 years old that I am executor of but my adopted sibling has it I have not seen it I know they're going to go through probate and they're not telling the probate lawyer that there is a will what can I do. Am I entitled to anything
A: If the will cannot be found, and if he did not have a surviving spouse, then his estate will be divided among his natural and adopted children, but step children don't share. If the will can be found, and if it nominates you to be executor, and if the will is submitted to the probate court, and the judge appoints you to be the executor, then you are entitled to an executor's fee, plus whatever the will might have left to you specifically. Contact the attorney handling the estate, or use the Find a Lawyer tab to consult a probate attorney in the county where he resided.
Mary Ellen Leslie Esq. , C. Lawrence Huddleston III and Aaron Epling agree with this answer
A: These "hidden will" cases are very difficult. It is a violation of Ohio law for someone to conceal a Will, but proving they have it is almost impossible. You can try to find the lawyer who drafted the Will. Unless you can find the original Will, this is going to be difficult, and you will probably not be able to force production of the Will without excellent legal representation, which is not cheap. You will need to file to be appointed Administrator of the estate and bring the bad actor in front of the judge, but that is like a trial, and expensive. This is not the type of case where you are likely to be able to get low-cost or free legal services, and no lawyer is going to take this on a contingency fee basis.
Aaron Epling agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.