Legal Question in Wills and Trusts in Ohio
filed Probate papers for deceased mother
My middle sister was executor of my mothers estate. We just found out that she listed herself as my mothers sole heir. She filled out and filed the papers into Probate herself. Her signature is the only one on their. No attorney is named. What should be done in order to have my name put on the court papers for being a heir of my mother. I am also located in Georgia, my mothers probate papers were filed in Ohio. I really need to have this taken care of. By the way, did my sister commit fraud by making herself sole heir?
Thank you
5 Answers from Attorneys
Re: filed Probate papers for deceased mother
It sounds like you need an attorney in Ohio. Did your mother have any property in Georgia? If so, her will should be probated here in part to properly dispose of any Georgia assets.
Did your mother have a will or did she die intestate? In any event, you may or may not have a case of fraud by your sister depending upon the exact facts surrounding her filing.
Please send me an email. We can discuss the matter in further detail and see what your options may be.
Re: filed Probate papers for deceased mother
Please accept my condolences on the passing of your mother.
Unfortunately, without more information and facts, it is difficult to know if your sister committed any fraud or similar improper acts. Even if she did not commit fraud, you may have several legal remedies available if she improperly handled the Estate.
However, I would highly advise you to promptly consult an experienced Ohio probate attorney to evaluate whether or not you have any rights as an heir, or as a will beneficiary, if in fact your mother had a will. Certain remedies such as the right to file will contest are only viable for a very short period of time, depending on the circumstances, as short as 3 months after the probate proceeding gets started.
I practice in northeast Ohio, primarily Cuyahoga, Lorain, Medina, Summit, Portage, Lake, and Geauga counties. If your mother lived within these areas, my office may be able to assist you. If you would like further information, please call my office at 440.899.7719 or email me at [email protected].
Re: filed Probate papers for deceased mother
[Addendum To My Answer Shown Above To Correct Phone Number]
Correct phone number for Rifici Law Office: 440.899.7710
Re: filed Probate papers for deceased mother
The court needs to be notified that you are also next of kin. She may need to be removed as fiduciary. I suggest you consult with an attorney.
Re: filed Probate papers for deceased mother
Whenever a probate administration is open the executor must list all next of kin. This applies both in situations where there is a will and when someone dies without a will.
You should advise the court that all of the next of kin are not listed.
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