Q: Trying to confirm the legitimacy of my fathers will. Upon his passing.
His wife AND his lawyer said they both have a copy of a 2018 rough drafted will (not signed nor registered). Later the wife finds another 2009 will she is stating it is signed (but not witnessed or registered). None of his children have been notified by a lawyer yet. Does she, as his wife have the right to register that will by default? And wouldn’t a lawyer question it’s validity being he didn’t have a version himself? Seems the 2018 drafted will was more up to date with our fathers wishes. And how could she rightfully take control of submitting an older will? How do we know it wasn’t forged?
A: You can challenge the validity of the will when it is filed in the probate court. You should receive notice of documents filed with the probate court to open the estate, and then there can be a court hearing for you to object. The court is unlikely to accept a will that has not been properly signed and witnessed or notarized. If there is no valid will, then the court will divide your father's estate among his spouse and children as directed by Ohio law. Use the Find a Lawyer tab to retain a local probate attorney who can review all the facts, any court filings, and advise you of your options.
Mary Ellen Leslie and Aaron Epling agree with this answer
1 user found this answer helpful
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.
