Legal Question in Wills and Trusts in Ohio

inheritance

our parents were divorced 29 years a go .By his choice he ignored his own 7 young children.

He remarried a lady with 3 kids and raised them.

dad recently passed away and we are wondering if we are entitle to any of his estate.Not sure if he had a will or not.


Asked on 3/19/02, 11:24 pm

1 Answer from Attorneys

David Weilbacher, Esq. Attorney at Law

Re: inheritance

From your zip code it appears you are from St. Marys, Ohio. I grew up in St. Marys, and I now practice law in Cleveland, Ohio. I'll be in St. Marys over the Easter Holiday. If you would like to meet to discuss your matter in detail, I would be happy to meet with you.

Now to answer your question. As the deceased�s children you are considered his �next of kin.� If there was a will this has little effect other than for Probate purposes. If the deceased did not have a will, the State of Ohio basically provides one for him by way of the statute of descent and distribution. The statute is long, and provides for a number of scenarios; much to many to discuss here. I need some additional information.

1. In what county did the deceased live in when he died?

2. When did he die?

3. Have you received a �Notice of Probate of Will�?

4. Did he have a spouse that survived him, meaning was he married when he died?

5. Did the decease have other children of his own, or did he adopt the children of his second wife?

There are a number of other questions, but these need to be answered first. I look forward to hearing from you. If you like, you can contact me at 216.241.2500 or 216.241.2294.

David Weilbacher

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Answered on 3/21/02, 11:26 am


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