Legal Question in Wills and Trusts in Ohio

Father remarried after mother's death, sold his home in Illinois and moved to Ohio. He recently passed away. We have no idea if he had his will redone (he had one in Il). Are his children entitled to anything? How can his children obtain material possessions (family heirlooms) that belonged to their mother and the father took with him to Ohio?


Asked on 8/27/09, 3:23 pm

3 Answers from Attorneys

Dan Guinn Guinn Law Firm, LLC

Yes the children would be entitled to part of his estate. However, you will need an attorney to file on behalf of the kids in order to preserve their rights to the estate.

I would be able to represent the children in this.

Feel free to contact me, free of charge, at [email protected] or at 330-447-7634. I am happy to help in any way that I can.

Thank you and I look forward to hearing from you.

Dan Guinn

www.theguinnlawfirm.com

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Answered on 8/27/09, 8:09 pm
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

It depends on two things whether your father had a will and how the property was titled.

If your father had a will then the provision of the will would prevail. If he did not have a will then you would be entitled to a share of any probate assets (assets in his name alone).

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Answered on 8/27/09, 8:14 pm
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

You could consider contacting a local attorney to determine whether an estate has been opened or is being handled in some other way and, if not, to open an without a will, to start the process.

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Answered on 8/28/09, 6:05 am


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