How to proceed against an alleged Will and transfer of property?

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How to proceed against an alleged Will and transfer of property?

My mother-in-law died last week. When we went over to her house that weekend the next door neighbor called the cops. He produced a document that was time stamped and dated just over 5 ears ago that stated that when my MIL died he got the house. Nothing was said about the contents. The cop said if we went into the property we would be tresspassing and we would be arrested. Nothing has been filed with the probate court as of today. The “Will” had several places scratched out and written over. We can find no other documents to supercede his document. I think I could handle filing the paperwork at probate myself if I had a little guidence.

Asked on February 4, 2013 under Estate Planning, Ohio

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

Obtain yourself probate litigation counsel to file a petition to probate to administer the estate after due investigation of the circumstances. You have a serious situation in that it appears the neighbor may have comitted a fraud by menance or duress  and embezzlement on your mother in law. YUou may want to consider filing a complaint with a district attorney of your county for a criminal action of eleder abuse.


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