Legal Question in Wills and Trusts in Ohio

Conflict of Interest

My brother is the Executor of his mothers will. He also had POA when she was alive. He used her money as ''Colatteral'' to secure a loan to start his own personal business.

Now that she has passed away he is currently still holding that money as ''Colatteral'' for his business loan and stated that he will release it whenever he feels like it.

Doesn't he have some obligation to release that money right after her death? Is it legal for hime to use that money? Is not this a breach of his Fiduciary responsibilities? Is this not a ''conflict of Interest'' and possibly have him removed as Executor? Should we file paperwork with Probate and ask for a hearing on this matter? will we be laughed out of court? Are there any criminal or civil actions we can take? The entire family is upset. This sure seems like he has broken some sort of law or responsibility.

Thank You,


Asked on 8/06/03, 10:23 am

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: Conflict of Interest

Has he actually been appointed executor by the Court, or just by the will? An executor has no power until appointment by the court. If he has, the sum of money must be included on the estate inventory. If he has not, and you have access to the will, you can apply to be appointed administrator with will annexed.

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Answered on 8/06/03, 12:19 pm


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