Legal Question in Wills and Trusts in Ohio

Mom passed 5 months ago. Executer (brother) will not show us her revised Will...and it was not registered. His name is on her checking account as well as her name, but not as POA. Is my mother's money now legally his? In the Will I have, it does say for him to devide all her moneys, assets and belongings equal beteween us named siblings. Is there anything we can do to abide by my mothers wishes against my greedy brother ?


Asked on 7/13/10, 12:54 pm

1 Answer from Attorneys

Christine Socrates Meyers, Roman, Friedberg & Lewis

If your mother's checking account was titled jointly with your brother, then on her death, it would legally pass to him. Only assets held in her individual name, without any beneficiary designation, would pass through probate and would be governed by her will. Therefore, jointly held assets or assets like financial accounts or insurance that a beneficiary can be designated, would pass directly to the beneficary listed, outside of probate.

Does your mother have any other assets othere than checking account? As a child of the deceased, you are entitled to pursue her estate on your own. That would be opening an estate or probating her will. If you would like further assistance, please contact my office at www.socrateslegal.com .

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Answered on 7/13/10, 4:23 pm


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