QUESTION
Do I have a chance to successfully challenge a will that a) leaves everthing to my sister and b) names her as executer of the estate.
Asked on Jun 30th, 2020 on Wills and Probate - Ohio
More details to this question:
My Mom died 06/21/2019 at 95 years. I thought she died without a will because she has always refused to make her wishes know. 5 days after Mom's death my sister announced there was a will. The will appeared to be downloaded off the internet and was dated approximately 3 months prior to my Mom's death. The will names her as executer and leaves 100% of the estate to her. The will excludes any personnal explanation on the reasons why my sister would receive the entire estate. The will was signed supposedly by my Mom and witnessed by two of my sister's friends. The will was not notarized. The last page shows 100% of the estate going to my sister was not signed or initialed. My sister has lived with my Mom her entire life and since my Dad passed in 1986 badly managed Mom's affairs. My sister used Mom's credit cards as her own & rang up$20K in debt . My sister has moved her bf in the house and has taken no action on the estate. The estate includes only the house and possessions.
2 ANSWERS
Family Law Attorney serving South Euclid, OH
at
N.P. Weiss Law
Update Your Profile
In Ohio a will does not have to be notarized to be valid, just signed by two uninterested parties subscribing to the testator signing the will. Having the one page granting all assets to your sister with no signature is evidence of a fraudulent will.
Under these facts, you have a chance to contest the will as fraudulent and/or the result of undue influence. You really have no downside in doing so as you've been completely disinherited.
If there has been no action taken on the estate, you do not have to wait that long. You can open up the estate as administrator claiming that there is no will, be named administrator, and then proceed to sell the estate property and divvy it up by intestate succession.
Answered on Jul 03rd, 2020 at 5:51 AM
2 Awards
If the Will was not notarized, it is unlikely that a Court will admit it to probate (proving) and appoint your sister executor. Contact a probate attorney who practices in the county in which your mother lived and died and apply to have the estate distributed to your mother's heirs (you and your sister). Once a court has appointed you administrator, look into suing your sister for converting your mother's assets to her own (and so depleting the estate) and evicting her from the home.
Answered on Jul 01st, 2020 at 6:22 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.