London, KY asked in Probate and Estate Planning for Ohio

Q: How to handle a mother's estate with no will in Ohio?

My mother passed away without a will, leaving a house and a car in Toledo, Ohio. I have one brother who I believe has filed for probate and he has an attorney. He has asked me to sign over my rights to the estate, but I have not done so. I live in Kentucky and haven't taken any legal action yet. There are no other heirs, and the property is still in my mother's name. I need legal assistance to ensure the property is divided fairly. What should I do next to protect my rights?

Related Topics:
2 Lawyer Answers

A: Well, the short answer is find a probate attorney who practices in that County. There is a lot of nuance to probate and without qualified assistance it's easy to make, sometime very costly, mistakes. Without a detailed look at the circumstances nobody is going to be able to advise you.

Best of luck.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: I’m sorry you’re going through this—it’s hard enough to lose a parent without having to worry about fairness and legal steps afterward. Since your mother died without a will in Ohio, her estate must be divided according to Ohio’s intestate succession laws. As one of her two children, you are legally entitled to half of her estate unless a court determines otherwise. That includes the house, car, and any other assets still in her name.

If your brother has already filed for probate and has an attorney, you should not sign over anything without fully understanding your rights and the impact of doing so. You can contact the probate court in Lucas County to verify the status of the case and request copies of any filings. Even from Kentucky, you have the right to participate in the process and raise objections if necessary. Filing a formal notice with the court that you intend to be involved will help prevent your brother from moving forward without your input.

You don’t have to rush, but you do need to act soon. Protect your share by staying informed, requesting documents, and speaking directly to the court or a local attorney if needed. You've already done the right thing by not signing anything yet—now it's about making sure your voice is heard in the process. Your mother's legacy deserves to be handled with fairness.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.