Legal Question in Wills and Trusts in Ohio

with holding inheritance.

does the executer have power to hold titles(inheritance)... we all signed the inventory and ageed transfering titles,...titles were released,but he wont give them out to the owners, what advise could u give on this situation, what can be done?


Asked on 5/30/07, 10:02 pm

2 Answers from Attorneys

Frank Rozanc Frank J. Rozanc, Esq.

Re: with holding inheritance.

He may be going slowly on the transfers because there are some debts or claims that need to be paid. You can file a Motion with the probate court to have the court inquire as to what is going on.

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Answered on 5/31/07, 5:42 pm
David Davies Law Office of David H. Davies

Re: with holding inheritance.

Executor's do not have unlimited authority. Certain steps in the handling of an estate are supposed to be completed within specified times. That being said, it is not unusual for the court to allow additional time as long as the executor has a legitmate reason.

There are also rules about how long after the opening of an estate a person can file a claim against the estate for a debt that is owed. It is possible that the executor wants to make sure that there is enough money to cover the debts.

It is also possible that the executor does not have a legitimate reason for the delay. If too much time has passed, the heirs could request that the court remove the executor and appoint someone else to administer the estate.

I will need additional information in order to provide a more detailed answer. Feel free to call and I will be happy to discuss this with you in more detail.

Good Luck!!

DHD

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Answered on 5/31/07, 7:25 pm


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