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 The Ohio estate tax was repealed effective 1-1-13, so if she passed away after that date, there would be no need to file an OETR.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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