Estate Division Delay Ohio
Summary
The users parents passed away and left an estate to be divided equally among four siblings. The user is concerned about the delay in the division of the estate and believes some items were not listed in the inventory. The user was advised by an attorney to sign certain paperwork but hold off on others until an inventory list was received. The user is considering filing a complaint with the probate court but lacks proof of the missing items. The user was advised to seek legal aid services in Ohio for assistance.Full Conversation
Both parents passed left estate and what not to be divided equally among the four of us
What state are you located in, Parker? The probate laws vary by state and will determine how the estate is divided.
Ohio
In Ohio, probate laws dictate that if there's no will, assets are divided equally among the children. Is there a will in this case, Parker?
Yes
What does the will state regarding the division of the estate?
To be divided equally but one sibling filed for and resides as the fiduciary I just think it's taking way longer than it should from what I've read and I haven't had much contact with them due to a falling out *+ years ago
Have you tried contacting the fiduciary to inquire about the delay in the division of the estate?
No it's complicated situation I was adopted things happened and I was the one to blame in there eyes I was only informed of the passing by a friend and my name was omitted in the obituaries as even being there child
Have you consulted with a probate attorney to understand your rights and options in this situation?
I thought I had but when it came to going to court and I thought I had representation I was informed by the judge that the attorney had only acted to advise me regarding certain paperwork
Did the attorney provide any reason for not representing you in court?
No I had assumed it was due to her caseload at the time she had several cases she had been assigned to and I was embarrassed to ask assumed it was a misunderstanding I hadn't been clear when contacting her
What was the specific advice the attorney gave you regarding the paperwork?
To sign certain paperwork but to hold off on signing the other until list of inventory of items and values were listed
What paperwork did the attorney advise you to sign and what was the paperwork you were advised to hold off on signing?
Consent to sale should not be signed until list of inventory was received
What is the current status of the inventory list? Have you received it yet?
Yeah but I know things weren't listed just no way of proving and when I asked my brother after court about certain items he told me things had been given to the three of them before our parents passed
What items do you believe were not listed in the inventory?
My dad was a gun collector ever since I can remember and my mom couldn't wear jewelry that wasn't real I was her only daughter and since I was told they were both cremated I always thought that I would at least gotten her wedding ring my brothers are all married I didn't get one item of theirs to hold onto
Did you express your concerns about the missing items to the fiduciary or the probate court?
Also he owed several tools he ran his own lumber business for years at one point it was even located at the property
Did you inform the court about the missing tools and other items from the inventory list?
Yeah my brother said that the items had been sold or given away over the years but I know better I just want the whole process over with so its not sitting there racking up more expenses for him to cla
Have you considered filing a complaint with the probate court about the missing items and the handling of the estate?
I don't have proof of the missing items other than pics from years ago and I don't want to take it that route I really just want the house sold my share to hopefully cover my final expenses an not leave debt on my boys and to put that time of my life behind me because I know I'm not considered family to them and that's fine I have no problem letting them believe their parents were so perfect because I was always the problem and I even believed it for so many years that what else could it be but I found out things when I could legally leave and realized that monsters blend in so well and still want acceptance from them knowing that
Have you considered seeking legal advice to ensure you receive your fair share from the sale of the house?
I've tried researching the laws from time to time but the internet is frustrating and I don't understand how exactly I found myself running in circles mostly and I work full time making $* hr living pretty much pay check to paycheck and thats with my son helping out as well
Have you considered reaching out to legal aid services in Ohio for assistance? They often provide free or low-cost legal help to those who can't afford it.
Everytime I click on a site claiming free services or assistance it isn't everytime it ends up saying for this amount etc etc
I understand your frustration. Have you tried contacting the Legal Aid Society of Columbus? They provide free legal services to low-income individuals. Their contact number is (*) *-*.
No I didn't know about them I will call the # you listed I really appreciate you taking the time to help even though I know at times I kind of got off topic sounding like a nut job at times lol I just want to once and for all bury any connections to any of them I have the only family I need my two amazing sons I'e certainly made my fair share of mistakes but I know my boys always r family and I don't want to burder them with things I should've had taken care of already Thanks again I truly appreciate your time and help
You're welcome, Parker. Remember, the Legal Aid Society of Columbus is there to help. Don't hesitate to reach out to them.
I won't now that I know where to look God Bless and once again thank you
I'm glad I could help, Parker. Don't hesitate to reach out if you have more questions in the future. Good luck with everything.