Legal Question in Wills and Trusts in Ohio
Executor of Estate
My Father died in mid July 2006, I was named executor of estate approx. 5 years ago when he made out his will. He left everything to mother whom I do not get along with, and have no contact with. I also have a 47 year old sister with cerebral palsy who lives with her, and a 42 year old brother with mental problems, who resides in a group home. My mother has been on 24 hour oxygen for the last 16 years and life support twice. She told me that she doesn't need an attorney because he left it all to her. As executor, what are my responsibilities and obligations, where do I start? If I need to hire an attorney can it be applied to his estate? Thank you for any help or suggestions you have.
2 Answers from Attorneys
Re: Executor of Estate
I am sorry for your loss. Generally you need to collect his original will, death certificate and financial records and either open a probate estate or apply for a releif from administration in the probate court. You could call the court for some information.
Your responsibilities would include organizing and disclosing all of his probate assets and making sure they go to whom they are supposed to under the will and/or law.
If you decide to have an attorney assist you, the fees would be paid out of his estate assets.
Feel free to contact me with additional questions.
Re: Executor of Estate
Your mother may not need an attorney, but the estate may need one. Since she was not appointed executor and you were, the administration of the estate is going to be handled through you. It would be wise of you to at least have an attorney review your situation. Attorney fees are payable out of an estate.
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