Legal Question in Wills and Trusts in Ohio

Re: Closing of an estate

Your question raises some interesting issues. Technically, an executor or administrator of an estate is required to gather assets and complete the administration of an estate within 13 months from the date of appointment. It is not uncommon for an estate to take longer than 13 months to close but if that happens, the fiduciary (executor or administrator) is required to ask the court for more time. The Court will usually grant additional time-90 days for instance. For the court to allow the estate to remain open this long is unusual unless there are serious complication. Estate proceedings are public and can be viewed at the Probate Court.

Given the time that has passed, I would say that it is likely that an estate has never been opened. If the person you referred to has the will and has refused to present it for probate, any interested person (one of the borthers) can request that the Court order it done.

Another interesting point is that a person who has the will and fails to present it for probate may loose his or her inheritance. Ohio law has a provisions that states that a person who whithholds a will for 3 years may loose their share of the estate. Maybe the brothers are just waiting for the three years to pass!

If you have an iterest, that is, if you think that you may be a beneficiary under the will, you have a right to demand that it be produced. I think you should check the Probate Court records and if you still have questions, talk directly to an attorney. There are lots of issues here and you need to provide more information!

If you don't have an attorney and want to discuss this in more detail-give me call. No charge or obligation for the call.

Good Luck

DHD