QUESTION
Hubby has a family inheritance in Cincinnati, Ohio.Owned half by his uncle,& he refuses to file the will. Hubby wants to file4 exec., but told can't
Asked on Feb 16th, 2020 on Wills and Probate - Ohio
More details to this question:
We live out of state- it has been 2 years since death of relatives, , and uncle is threatening to litigate us to death- he is a lawyer. Uncle refuses to start probate- he says if we file a partition, he will sue us to death- and will have his buddies when the large property goes to auction, buy it cheap and screw us. We were told my husband can't file to be executor because we live out of Hamilton county- in another state. Is there any way that we can appeal this rule and go before a judge with "extenuating circumstances"? We are afraid that we are going to be totally screwed in this situation. Any recourse?
1 ANSWER
2 Awards
To be appointed executor by a court, a person has to be named executor in the Will. Location has nothing to do with it, though an out of state applicant may need to appoint an in-state representative (usually the probate lawyer).
If the person holding the Will refuses to file it (a criminal offense in many states), your husband can simply hire a local probate lawyer to file an application to determine heirship (assuming that he is an heir). If the Will gives the uncle more than he would get as an heir, he will likely produce it. If there is no Will, the property will pass to a surviving spouse and children in preference to siblings.
Uncle's threats may be empty. Many states have an heirs' partition law which requires that heirs buy one another out at fair market value and does not allow shills to bid to deprive the heirs of the value of their inheritance.
Talk to a probate lawyer in the county where the person lived and died.
Answered on Feb 17th, 2020 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.