Legal Question in Wills and Trusts in Ohio
My dad's will reads "In the event that the above-named Executor (my brother) shall, for any reason, fail to qualify, or having qualified, fail to complete the administration of my estate, I nominate and appoint my daughter, instead and give to said Executor all rights, powers and immunities set forth in this Will."
What does this mean and when do I know that failure has occurred?
Basically, my brother can not afford to live in the house (mortgage payments, homeowners Insurance, property taxes) and he can not afford to hire a probate lawyer to take care of the estate, on top of that he owes many creditors including the IRS that would possibly seize or at least put leans on the property; so when can I step in and take over so that the house isn't lost?
2 Answers from Attorneys
That writing has to do with a person's ability to handle an estate responsibility. If this is not the case, then you'd apply to probate court for his removal and your appointment. You may be able to write a letter or you may need the help of an attorney.
It sounds like you have concerns with your brother's ability to serve as executor and perform his duties. Those concerns need to be expressed to the court.
Your brother's personal debts could not result in a lien against the house as long as the house is an estate asset.
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