What steps doI need to take to execute my fathers Will if he lived in a different state?

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What steps doI need to take to execute my fathers Will if he lived in a different state?

My father passed away and left an unknown amount of money in accounts in which neither nor my stepmother know about. When he was with my mom he drew up a Will that has my brothers and I in it. His widow would not let us have any of his things and cut us off almost immediately after the funeral. My brothers want me to execute the Will but I’m not sure where to start or if I need an attorney or not. i live in CA; my father in OH.

Asked on June 21, 2011 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss and for this situation.  First, you need to be aware that you need to probate your Father's last Will and Testament in Ohio, the state in which he was domiciled at the time of his death.  I am assuming that you are the executor, correct?  If you are then I suggest that you consider having a sibling in Ohio as a co-executor so that this sibling can initiate this process.  As long as no one objects then it should be doable.  Once you are appointed you have the right to do what is needed in accordance with your Father's Will but be aware that because he divorced your Mother and remarried his new wife is going to file objections to the probate, as she is entitled to a portion of his estate under the law.  Please seek legal help.  Good luck.


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