This is so wrong!

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sfmini

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My brother and his fiance' being very short of money used a software program that supposedly generates a legal will for the state of Ohio. Long story short, she died. He has this will that was witnessed and notarized and guess what. Worthless, not legal because that software was practicing law without a license. She was awarded about 50 grand retroactive social security disability and it will all go to her sperm donor, aka father aka raper who kicked her to the streets at the age of 14 because she fought back even though she wanted everything she had to go to my brother.

Also, I have been thinking all these years that I had a legal will in our safe as I had done the same thing, both had been witnessed and notarized.

How many others are out there who have been screwed? They get away with this thanks to the disclaimer that this doesn't replace the advice of a lawyer. Boy, they weren't kidding.

THAT IS WRONG!!!!

Contacted a law firm about filing a class action law suit.

Need to make an appointment to get a legal will made.

Deal with a despondent brother who is talking suicide.

Nope, no stress in my life.
 

Ryan Johnson

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That is appalling on this so called law/software, practicing with out a licence.

Hope this all works out for you and your brother who really doesnt need this on top of loosing his partner.

Id also look at appealing the decision if its an option ?

Sending Best wishes, take Care
 

Miniv

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An attorney is definitely in order!!!

You'd think any REASONABLE judge would see what her wishes were with the "unauthorized" will

and act accordingly.
 

sfmini

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He has talked to a few attorneys who said he has less than 10% chance and it would cost him $$ to try to fight.

Hasn't even tried to present the will, he is so defeated.

He lost Anita just two years after losing his wife very very suddenly, and he is one of those people who just isn't able to live alone. In my memory he hasn't been without a woman in his life since he hit puberty.

Top all this off with his dog escaping multiple times and killing 2 dogs and 3 cats and being threatened with 30 days in jail and euthanasia of the dog (sorry but I am behind putting the dog down). I do love this dog, he is a giant lap dog but unacceptable to kill other's pets. Period. Didn't win points with my brother on that one.

He keeps saying he needs a good woman (and he does treat them like gold), and I just say, then get your act together, clean up and get out there. No woman wants a beat down grizzled long haired hippie type in his early 60's.

This really sucks.
 

Ryan Johnson

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I would try and see if he can find a solicitor that will do it "No win No charge". We have a few big law firms in Oz that operate like this.

As for him feeling better within him self , give him time. As you said he keeps saying he wants to find a good woman this will only happen when he ready to make that step.

Your a great sister for being there for him like you have
 

Debby - LB

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This is just wrong! I hope y'all can do something about it. How is the will worthless? if it hasn't been presented yet who told him it was? I'm confused.
 

Sonya

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Unfortunately because the amount of $ isn't huge, most lawyers are going to stay away from him by telling him his chances of winning a case are only 10%. I would think with the will being notarized it would be solid. I'm very sorry with what you are going through.
 

sfmini

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Three different lawyers have told him this, and when I did research on the validity of software generated wills in Ohio, sure enough, not legal which is crazy! If she had hand written the same thing and had the witnesses and notary, those are legal. Splitting hairs here.

I contacted a law firm here in Ohio that specializes in Class Action Lawsuits and will be interested to see if they consider this a valid class action suit.
 

Jill

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I bet there are a lot of people in OH with similar wills that they don't know are not valid. Most of the time, the state's idea if how to dispose if an estate doesn't match up with what you would have wanted to have happen. It really stinks that there may be a lot if people who think they've taken the right steps in OH when it sounds like the estate will be dispersed according to the generic state rules vs what the decedent wished. Your poor brother, I'm sure the frustration is only making the emotions harder.
 

sfmini

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It's not just in Ohio but many states, Texas included.

I happened to mention it to one of my co-workers and he got this stunned look on his face. Turns out he and his wife were planning to use the software to update their wills.

Not now.
 

susanne

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Jody,

I agree that this is so wrong, and I wouldn't trust the lawyers telling your brother that he doesn't have a case. People have long written their own wills without an attorney, and these have held up in court. This sounds like a possible class-action suit, but your brother would have to find someone motivated to organize others who have been affected (as Jill said, there are surely many who have been trapped this way) and go to the necessary lengths.

Many lawyers offer a free first consultation, where they decide whether taking on your case has any potential profit for them. Many would see this case as too much work for what they would get out of it. Does he live near a law school, especially one with emphasis on estate planning? Lawyers who would be looking at the principle (as well as future profit...have to be realistic!)?

This is a long shot, but it's worth a try.
 
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