QUESTION
What laws are in place if someone stole their father's will while they were still alive and tried to change it without his permission or knowledge.
Asked on Mar 29th, 2021 on Estate Planning - Ohio
More details to this question:
My grandpa passed away and I lived with him to take care of him as did my mom. Her and her sisters tore apart his room while he was still alive found his safe took his keys read his will and didnt like what was in it so they tried to change it without his knowledge that they had seen it or anything. They than preceded to start taking his things without telling or asking him that I assume are in the will. Also he gave me his car 4 years ago and they got mad and said he wasnt allowed. He was in his right mind in good health and everything they took his license because of his eyesight. So now they are trying to sell everything before telling court and lawyer he died. Is any of this legal?
2 ANSWERS
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Has the Will been probated yet? Under Ohio statutes you have strict guidelines on how a Will is contested, and how long you have to file such an action. Unless an asset is set to pass outside of probate (e.g. beneficiary designation, or joint owner with rights of survivorship), an asset which is owned by a deceased person cannot legally be sold until a probate estate has been opened and the Court has issued letters of authority to the administrator of the estate.
As Ms. Garrett suggested, you may want to sit down and discuss the situation with an attorney.
Best of luck.
Answered on Apr 01st, 2021 at 1:48 PM
2 Awards
Of course not. Unless a court grants a guardian permission to do so, the only person who can change his Will is that person. Please talk with a local probate attorney who handles fiduciary litigation.
Answered on Mar 30th, 2021 at 5:26 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.