The Disclaimer was rejected due to the 9-month rule. I filed a police report, but they refused to file charges. I retained an attorney and filed to Administer her Estate in Probate Court. The surviving spouse produced a Will and appointed himself as the Executor, he reported zero probatable assets. My attorney then sent a Request for Production of Documents. The surviving spouse submitted a partial Trust copy, but no Accounting. The surviving spouse submitted an Affidavit of Fiduciary Requesting Conclusion of Administration of Estate without requiring a Fiduciary’s Account, the Probate Judge ordered the Estate closed. The Estate should have been well over the $338,000 dollar amount requiring an Ohio Estate Tax Return, but none was filed in Probate Court. Here I am today.
My mother died prior to 1-1-13. Another thing I would like to add is the surviving spouse (and his attorney) was served with a request for discovery after 3-months of being a court appointed legal representative. The surviving spouse did serve some documents which were didactic, but did not produce all the requested documents.
Estate Planning Attorney
I'm sorry for the challenge you face. You may have to file a Civil Lawsuit for Fraud. See Find-A-Lawyer at the top of this page.
My answer is based on the limited facts presented. It doesn’t create an attorney-client relationship. Use the ‘Find-A-Lawyer’ search engine at the top of this page and follow proper legal advice.
Sorry to hear about your situation. As Atty. Potter suggested, this sounds much like fraud.Use Avvo's Find a Lawyer feature or contact your local bar association for a referral. Best of luck.
Answer given for general advice and is not a legal opinion, which would require an analysis of the facts and circumstances as well as the applicable law and regulations.
There are some important facts missing here, such as your mother's date of death. The Ohio estate tax was repealed effective 1-1-13, so if she passed away after that date, there would be no need to file an OETR. With regard to probate assets, etc., if her trust was fully funded, it is also possible there would be no probate administration needed. Also, Ohio's disclaimer statute does not have the 9 month requirement, as the federal law has, so that should not be an issue, although it sounds like having it rejected works to your favor. Having said that, the bogus disclaimer raises questions, and I suggest you contact a good civil litigation attorney with an understanding of probate and trust law to help you with this situation. Be sure to go over all the other facts and documents with your attorney to develop a good strategy.
Mr. Arenstein's answers are not intended to create an attorney-client relationship and are based only on the limited information provided in the question. Thus, his comments should not be considered legal advice, and persons seeking legal advice should contact Mr. Arenstein directly and/or another attorney with a law license in the state in which the situation arose. Mr. Arenstein is licensed to practice law in Ohio and the United States Tax Court.
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