Legal Question in Wills and Trusts in Ohio

The executor of the estate can and probably has a duty to try to collect on this claim. He or she may have a hard time proving that your sister owed the money since there was no written agreement. Your witnesses could help. I would like at any checks that your father wrote your sister and see if he made any notations on the checks as to whether they were loans or gifts.

The executor would not have the ability to change who receives the house.

I would suggest that you consult with an attorney.

It is essential to establish a connection between the loan and the payments your sister made to your father. There must be documentation, such as cancelled checks, that your father made one or more payments to your sister. Your brother and his wife may verify this loan since they were caretakers at that time or possibly other witnesses can do so. Also, if there is an established pattern of your sister making payments to your father, it will support the existence of the loan. The executor and the attorney for the state needs to take action to collect on this loan. The remaining balance owed can also be taken out of your sister share of the estate if she cannot pay it back on her own. If you need further assistance, please contact my office.