Walbridge, OH asked in Family Law, Estate Planning and Probate for Ohio

Q: Can my dads will legally not be followed?

My dad passed away and has a will that states to sell the house that he co owns with his ex wife to put for his funeral expenses. His new current wife is refusing to follow the will she is here on a green card from the Philippines. She is first in his paperwork but I am also listed that if she is unable or unwilling to make the decisions then it comes to me to make the decision. Can I legally make sure she follows his will for his last wishes to be followed?

1 Lawyer Answer
Todd B. Kotler
Todd B. Kotler
  • Estate Planning Lawyer
  • Canton, OH
  • Licensed in Ohio

A: You will have to file an action against the new wife in probate court. Has the will been admitted to probate yet? IF not you may even be able to get yourself named as executor. Regardless, you should hire an attorney in your late father's county who regularly practices probate litigation.

1 user found this answer helpful

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