Full question:
My deceased parents had a living will devised in 1990 approximately and my mother died in 1992. My father recently passed away this year and I asked to see the living will and the sibling who was/is the executor of my father's estate refuses to disclose information regarding his estate, the living will and especially details of funds disbursements of my parents estate etc. I have five siblings ranginging in their forties and fifties. What are our rights as the other children ?
- Category: Wills and Estates
- Date:
- State: Ohio
Answer:
We’re assuming you mean a last will and testament, rather than a living will. A petition to probate the estate is filed with the court, and in intestate administration, an administrator is appointed, who acts similarly to an executor in handling the affairs of the deceased. If it has not yet been filed, you can force the filing by starting an action for an Administration of the Estate and by asking that you be granted the right to be named the Administrator. That will force them to produce the will in court and then you'll see who was named and everything else. If it has not yet been filed, you can force the filing by starting an action for an Administration of the Estate and by asking that you be granted the right to be named the Administrator.
Please see the following OH statutes:
2107.09 Who may enforce production of a will.
(A) If real or personal estate is devised or bequeathed by a last will, the executor, or any interested person, may cause such will to be brought before the probate court of the county in which the decedent was domiciled. By citation, attachment, or warrant or, if circumstances require it, by warrant or attachment in the first instance, such court may compel the person having the custody or control of such will to produce it before the court for the purpose of being proved.
If the person having the custody or control of the will intentionally conceals or withholds it or neglects or refuses to produce it for probate without reasonable cause, he may be committed to the county jail and kept in close custody until he produces the will. This person also shall be liable to any party aggrieved for the damages sustained by such neglect or refusal.
Any citation, attachment, or warrant issued pursuant to this section may be issued into any county in the state and shall be served and returned by the officer to whom it is delivered.
The officer to whom such process is delivered shall be liable for neglect in its service or return in like manner as sheriffs are liable for neglect in not serving or returning a capias issued upon an indictment.
(B) In the case of a will that has been declared valid pursuant to section 2107.084 of the Revised Code, the probate judge who made the declaration or who has possession of the will shall cause the will and the judgment declaring validity to be brought before the proper probate court as determined by section 2107.11 of the Revised Code at a time after the death of the testator. If the death of the testator is brought to the attention of the probate judge by an interested party, the judge shall cause the will to be brought before the proper probate court at that time.
See also:
http://codes.ohio.gov/orc/2113
http://codes.ohio.gov/orc/2105
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
