Portsmouth, OH asked in Estate Planning and Probate for Ohio

Q: What happens if heirs refuse to sign waiver of notice because of stepmother is petitioning for administrix?

My father-in-law passed away and my husband and his brother and sister don't get along with their stepmother. We received a waiver of notice from our local Ohio probate court listing the stepmother as administrix of my father-in-law's estate since he passed without a will. They don't agree with her handling the estate because they don't trust her. She hasn't given my husband or his siblings anything of their father's, but let her son sell/pawn off my father-in-law's guns, jewelry, etc. All that is left is his house which roughly values about $40k according to the county auditor's website. What would happen if they all 3 don't sign the waiver?

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1 Lawyer Answer
Andrew Popp
Andrew Popp
  • Estate Planning Lawyer
  • Cuyahoga Falls, OH
  • Licensed in Ohio

A: If you don't sign the waiver of notice, then the applicant must send you formal service of process to notify you of the application to administer the estate. You will get a hearing date and have the opportunity to voice your concerns to the judge.

All in all, it sounds like you may want to speak with a probate attorney to help guide you and ensure your interests are represented.

Nicholas P. Weiss agrees with this answer

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