Legal Question in Wills and Trusts in Ohio

can non-performing executor be personally liable for attornery fees of heirs?

My mother passed away 2 years ago. Just prior to her entering a nursing home my sister, as acting power of attorney, removed all money from her accounts. We have mixed statements from my sister as to if there is a will or not. No probate was filed. My sister claims that she is executor if a will exists. Since my older sister passed away, her share of all personal property and monetary items in the estate were to be divided among her 2 sons. For years prior to my mother's death she said the nephews would receive ''nothing'' of the estate. She has not provided any of us with any accounting of the estate and refuses to recognize the nephews as heirs. Yet, my mother told me on many occassions to make sure the boys got their share. Six months ago she got mad because one nephew asked what was happening since it had been 18 months since the death. She went ballistick - changed her phone number and had it unlisted and refuses to communicate with any of us. Many items are still at her house -photos, etc. Can she be held liable for attorney fees if it becomes necessary to continue this in court?


Asked on 6/12/03, 9:50 am

2 Answers from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: can non-performing executor be personally liable for attornery fees of heirs

The answer to your only question is: Possibly. It will depend on all the facts. You should consult with an attorney in the county of your mother's residence at the time of her death to see what steps can be taken to force the issue of whether there is a will.

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Answered on 6/12/03, 1:23 pm
David Weilbacher, Esq. Attorney at Law

Re: can non-performing executor be personally liable for attornery fees of heirs

Regardless if your mother had a will or not, her estate must be probated in the county of her residence at death. Anyone can file application with the court requesting to be appointed administrator. All the next of kin will be noticed, and if your sister has a copy of the will naming her executor, she will probably file her own application to be appointed. This is the first step in the process, and it will get the ball rolling. If you would like to discuss this matter in detail, please call 216.241.2500.

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Answered on 6/12/03, 5:25 pm


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