Legal Question in Wills and Trusts in Ohio
Under directon of the attorney of record , we were defrauded of our rights in a
Estate of Francis P. Kearns, Akron, Ohio. My sister and I were 2/3 owners in a classic boat domiciled in Michigan, purchased June 3, 1999. At that time, the title of boat was registered with the State of Michigan jointly including F.P. Kearns (the deceased),with the agreement that his portion of the purchase would be summer dockage and winter storage for 3 years subsequent to purchase. The deceased paid the initial summer storage, and then signed a written contract with Sarns' Marina for future storage. This storage extended over 2 boating seasons due to Lake St. Clair's low water level-couldn't use the boat. Mr. Kearns executor in Ohio, (as he advised us on the advice of his 'attorney of record'), stated that 'the estate would not be 'opened' for a period of 1 year after the deceased's demise (01-03-2002) due to an expected inheritance to the estate in excess of $100,000, thus adding a 3rd season to the storage charges. In 2002, we, and the Marina under separate cover, forwarded bills and charges accrued to date for 2 seasons to the executor of record. The estate has ignored this debt, with the result that the boat is now uncovered and considered abandoned. It's value is now less than the storage charges. Help!
2 Answers from Attorneys
Re: Under directon of the attorney of record , we were defrauded of our rights i
If the three of you were on the title, your sister and you still have a 2/3 interest in the boat. The Estate has a 1/3 interest. As to the relationship between the decedent and the two of you, that will have to be sorted out by the estate. Hopefully you got some of the agreement in writing as to the storage. Creditors have one year to file a claim. Creditors can also open the probate estate. You should contact an attorney to assist you in getting the title cleared up and handle the storage issue.
Re: Under directon of the attorney of record , we were defrauded of our rights i
At the very least it sounds like you need to ask the court to remove the executor, or at least instruct the executor to pay all amounts due. That at least would be a start. For more info., please contact me at (248)851-3171.
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