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Can executrix be forced to probate estate

Cleveland, OH |

My stepmother passed in 2006.Both my son and I are in the will.but the executrix will not probate the will. she has taken all the assets ,bank accts,safety deposit box contents,she will not let me in the house to get anything of my late fathers.I don't know if she has paid taxes on the house.How can I make her account for everything that she has taken??? I reside in Ga

After my father died in 1979 mystepmother and I made a will in early 1980's. When she was in the beginning stage of dementia she was taken to a lawyer and had a will made out giving her control.How can I get what was left to me and my son???

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Attorney answers 2


You can file a motion to require the filing of the will. You would file that motion with the probate court in the county where your mother lived.


I agree with the previous answer. The Ohio statute indicates that the Will "must" be filed when someone dies, and the court can force that.

Additionally, once the Will is probated, if it is the one that took you and your son out of the Will, you can contest the validity of the Will that is filed. If successful in proving that she was not competent or she was unduly influenced at the time of the signing of the new Will, that will is thrown out and the older will (with you in it) is probated.

All of this would require you to hire a Probate attorney to undertake the filings and subsequent litigation.