Legal Question in Wills and Trusts in Ohio

It sounds like you do not need a will contest action but need to take some action to make sure your brother is performing his duties as executor.

As heirs you have the right to see an inventory of the estate assets and an account of all transactions regarding the estate. You can contest these documents when filed. An inventory is due 3 months after someone is appointed executor and an account is generally due six months later unless an extension has been granted.

You can check on the progress of the estate with the probate court.

You may want to contact an Ohio attorney to make sure your rights are being protected.

I agree that you need to talk directly to an attorney as soon as possible. There are time limits that may apply in your case. If you have not been given a copy of the will, you should get one as soon as possible. If the will leaves everything to you and your siblings equally then you most likely do not need to contest the will, you need to have the executor of the estate do his job. If he does not give you the proper information and does not follow the proper procedures, the court can remove him as executor and appoint another family member in his place.

Any information that I provide in response to your question should not be considered as legal adviice for your case. The information is accurate but there may be issues or facts that would be applicable to your situation that would require a different course of action on your part. If you want to talk about this further, feel free to give me a call at 440-953-2000.

Good Luck!

DHD