Legal Question in Wills and Trusts in Ohio
My father recently passed away in October 2012. In 2009 prepared a will by a long standing family attorney it was signed by him/witness by two parties. He also did a living will at that same time prepared by the same attorney my sister was first on that I was second. Also gave me full power of attorney over all business decisions and personal assess that document was also done by the same attorney. In the will I was named executive he also named his two living children myself and my younger sister. To my surprise he left the entire state to me. That being said my father and myself had many business dealings together some of them maid money some lost money he also has made to myself and my sister lones most not in writing nor with any interest attached to them in other words gifts. My sister is very upset about not being named in the will and is threatening to contest the will. There were numerous attempts by not only her and my brother-in-law while my father was in intensive care to get him to change the will he was not at full mental capacity the will was not changed but my brother-in-law prepared an counting of loans and he assign interest to it had my dad sign this document. It was not witnessed by anybody and the signature doesn't appear to be my father's he was very critically ill when this had taken place. Despite what the will says my intent to share everything with my sister however she is so upset and won't talk to me and wants to contest the will. I am willing to give her 50% percent of the assets. See all was left to me including loans Some of the loans/business investment in question I plan on forgiving including a $300,000 loan to her. This will was done 2009 when he was a great heath and sound mind. I do not want my sister controlling how assets are distributed and ongoing business decisions. What are her chances of having me removed as executor and declare the will invalid? Is my humble opinion that the court must enforce a valid will no matter how unfair it is to others. My father gave me specific instructions which I fully intend to honor part of which is sharing with my sister.
1 Answer from Attorneys
It is not easy to remove an executor but there are grounds. From what I am able to gather from your question is that this involves a sizable estate. I recommend that you consult an attorney to learn how the court handles probate matters.