Legal Question in Wills and Trusts in Ohio

Re: Executor of Last Will and Testament

You should have a lawyer to guide you through the legal process, especially if others are involved. If you do something improperly, the others could hold you liable. If you wish to discuss further please feel free to contact me. Best reagrds, Edward DiCato

Re: Executor of Last Will and Testament

This depends on the size of the estate and also how well the beneficiaries of the estate and the family of the decedent get along.

Re: Executor of Last Will and Testament

The will should have some language in it which sets forth the powers of the Executor. One of the more important powers one hopes to find in the will is the power to sell real estate, otherwise a legal action called a Land Sale might be necessary. An Executor also has certain powers pursuant to Ohio law. Of course, you must be appointed by the Probate Court before you are truly an Executor; prior to being appointed, you are only the person nominated in the will to become an Executor.

Technically speaking, you do not have to have a lawyer as anyone can do legal work for themselves, so long as they are not providing legal advice or services to other people. Having said this, I believe you will find it is highly recommended that you do not do your own legal work and instead hire an attorney.

In the context of Probate and Estate Administration, it can become a complicated situation for a layperson because there are many different Court filings and forms that must be properly completed, within certain time frames. There may also be creditor claims, tax issues, and accounting to be taken care of, as well as Court hearing to attend. If these things are not handled properly and a monetary loss results, you can be held personally liable by creditors and other will beneficiaries.

For these reasons, most people hire an attorney to represent them when they are going to serve as an Executor.

If you are near the west side of Cleveland and would like further information or assistance please feel free to call my office at 440.899.7710.