Legal Question in Wills and Trusts in Ohio

i am executor of my moms estate after siblings refused to take over. i can not afford a lawyer and i do not trust the lawyer my mother used to make out the will which is not a legal document after i had talked to several lawyers. ( the lawyer never registered the will with the state of ohio nor does lawyer have a copy of signed will but claims my mother signed it). we all agree to sign house over to myself and my niece until my son reaches ages of 25. how can we do this without going to probate court? are there forms i can download and print to get everyone to sign?


Asked on 10/01/10, 12:16 pm

1 Answer from Attorneys
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

If the house was in your mother's name alone then you will need to go to probate to have it transferred.

If you cannot locate the original will then you can probate a copy as a lost will or if it cannot be located then the estate may be intestate (an estate without a will).

There is no requirement that an attorney file the will prior to death or that an attorney keep a signed copy of the will.

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Answered on 10/06/10, 1:47 pm


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