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Contesting a will because of trickery

Ashtabula, OH |

my dad passed away in feb 2008 myself and my brother were sole heirs on his will. once he got sick he amended his will in the hospital. and made his stepdaugher part of the estate to be shared equally with us. and made us all executor or executrix. she was on his bank account with him. once he died she cleaned out the account. she tore the siding off the house for scrap. every nail every sink,every pipe even the shed she scraped and sold without our knowledge. we could not get ahold of the so called amended will until recently. she has a lawyer already, we feel she tricked him because he was sick and she moved into the house to take care of him. taxes are piling up, the house is condemed due to what she did to it,basically destroyed it. please help, will was filed one year later in probate

also my dad never revoked his original will,he just had someone fill out what he wanted to say and had it notorized and signed by the notory and another withness. the probate court stamped this revised will, can we sue my stepsister for destroying the house and stealing everything. things that meant nothing to her but money a whole lifetime of stuff that was our memories not hers. she was only in family by marriage and a brief one in fact couple of years.My dad did amend his will and added it to or with two other paragraphs already in the original will, this is the part that was sent to probate. and is there a time limit to contest the probate? and how how would you contest the probate

Attorney Answers 2


Your remedy is to contest the probate if it is not too late. Do not delay, find a probate attorney willing to take this on ASAP. Without actually seeing the documents it is difficult or impossible to give more advice based on an internet posting.

I wish you the best with this.

This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

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In Ohio, once a Will is admitted to probate the personal representative must give notice to all parties mentioned in the Will and to all next of kin. Thereafter, the personal representative must file an Certificate of Notice of Probate of Will. From the date of the filing of that Certificate, any person has three (3) months to file an action to contest the Will. After that, the Will cannot be challenged.

There still is a question as to whether the terms of the Will are being carried out fully, properly and timely. It seems from you post that this is where you are now.

Note also that if your Father voluntarily created a survivorship or POD account, the person named as survivor or beneficiary on the account has an absolute right to possession of the account after your Father's death.

You need to have the facts and circumstances reviewed by a probate and estates attorney ASAP.

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