Legal Question in Wills and Trusts in Ohio

My father recently passed away in Ohio and had a pourover will that flowed into a Trust. The executors named in will are both deceased so my question is can I as eldest brother ( agreed upon by both my younger brothers ) able to be executor even though I live out of state?

The law firm which holds his will and trust says I cannot be executor because I live out of state, but my research shows that I can since I am a son....who is correct and why would the law firm try and disuade me from being executor other than the obvious, to collect fees?

Secondly, my father also had a portfolio with a financial planner titled POD/TOD paid on death or transferred on death...is this included in probate or is it bypassed?

Finally, since my father had a trust and financial portfolio titled POD is the inheritance for all three boys subject to estate or probate fees?

Thanks in advance for your assistance I know I have asked many questions.


Asked on 8/03/10, 10:18 am

1 Answer from Attorneys
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

Under Ohio law an out of state resident cannot serve as an executor unless he or she was named in the will as executor. Ohio Revised Code 2109.21

Any assets that are held as POD/TOD are not probate assets. Any assets in the trust are not probate assets. It maybe depending on how your father owned his assets that no probate administration will be required.

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Answered on 8/08/10, 1:29 pm


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