Legal Question in Wills and Trusts in Ohio
Inheritance sold out from under me by Executors?
My friends mother passed away. According to the will which was read 5 hours after the funeral service my friend was to receive all jewelry and all personal possessions. 2 hours after the funeral service but before the will was read the executor (oldest brother) invited extended family members to the mothers house (without my friends knowledge) and sold 3/4 of all the furniture and personal belongings of the deceased. Because the will states that the items sold were left to my friend can she now legally demand that all items be returned or that the money that was made and pocketed by the older brother be rightfully hers? Isn't he supposed to provide and inventory of assets to probate court and wouldn't the sale of these items constitute concealment of assets?
It has also been discovered that many items including a car were sold secretively before her mother died. Can anyone shed some light on her rights and what her best course of action should be? She is quite poor and can not afford a huge lawsuit.
2 Answers from Attorneys
Re: Inheritance sold out from under me by Executors?
The oldest brother had no right to sell the assets after his sister died. He must account to the probate court for the sales and not only will he have to repay the estate, but he will also be penalized.
As to the assets sold prior to death, there is no problem with it as long as the person selling the property had a power of attorey or some other right to sell the property.
Re: Inheritance sold out from under me by Executors?
The property was your friend's when her brother sold it. Depending on to whom he sold it, she may or may not be able to retrieve it. She certainly has a cause of action against him. If I were her, I would probably talk to the County's Prosecutor.
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