Tiffin, OH asked in Estate Planning and Probate for Ohio

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?

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

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.

Aaron Epling and Mary Ellen Leslie Esq. agree with this answer

1 user found this answer helpful

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