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  1. #1
    Join Date
    Jun 2010
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    4

    Default Minors Rights to Assets and Inheritance

    My question involves estate proceedings in the state of: Ohio
    My brother had custody of his 13 year old son. My brother died a few weeks ago. His will was in probate right away. His son receives 50% of the estate and the other 50% is divided equally amongst my mother, brother, sister and myself. My mother is the executor. I am on the outs with all of them with the exception of my nephew. They obviously are upset I was included in the will. My mother is very upset that my nephew does not want to stay with her and will not allow my nephew to get his stuff out of the house. He also has a couple of four wheelers that were bought for him throughout the years. She is refusing to let him have them saying that they are part of the estate. Anyway, my brother and sister have shown up at the house and removed a lot of personal property (bedroom suits, pool table, bars, etc.). My nephew is very upset because he feels his "stuff" is being taken. I do not know what I can do to help him nor protect both of our interests regarding the estate. Any suggestions would be greatly appreciated.

  2. #2
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
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    4,494

    Default Re: Minors Rights to Assets and Inheritance

    Was the will already probated and the funds distributed?

  3. #3
    Join Date
    Jun 2010
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    4

    Default Re: Minors Rights to Assets and Inheritance

    No, it was just submitted to probate as the final will and testament to be probated.

  4. #4
    Join Date
    Nov 2007
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    Officially across the country from where I've been all my life
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    Default Re: Minors Rights to Assets and Inheritance

    Then you better hire a probate and estate attorney... pronto.

  5. #5
    Join Date
    Sep 2005
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    Default Re: Minors Rights to Assets and Inheritance

    The estate should be properly inventoried, with the court approving any distributions. If your mother doesn't seem interested in observing the terms of the will I can't promise you that's happening, or that it will happen, absent your being proactive. Consulting a probate lawyer certainly couldn't hurt.

  6. #6
    Join Date
    Jun 2010
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    4

    Default Re: Minors Rights to Assets and Inheritance

    So there is nothing that I can do without an attorney?

  7. #7
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
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    4,494

    Default Re: Minors Rights to Assets and Inheritance

    Quote Quoting tam2455
    View Post
    So there is nothing that I can do without an attorney?
    Probate law has got to be one of the most complex on the planet. Would you consider doing your own brain surgery???

  8. #8
    Join Date
    Jun 2010
    Posts
    4

    Default Re: Minors Rights to Assets and Inheritance

    My attorneys answer is to wait and see what the final accounting is then we can object. I don't like that answer, right or not. My nephews clothes, games, computer, etc are disappearing while he has the clothes on his back. It is his stuff. To me, he should have the right to go get it.

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