Legal Question in Wills and Trusts in Ohio
Ohio Probate Law
My question pertains to Ohio law.
My Grandfather and Grandmother had put my sister on their checking account so she could pay their bills after they entered a home. Both have now passed away and my sister is claiming that the $100,000 in the account is her money and not part of the estate. The will does not make any provision for a separate bequeath to her. It clearly states all assets are to be divided in thirds and distributed equally. She is also the Executrix of the will and has not provided any statements or accounting of the estate. She granted each of us a dollar amount. I don�t know if I was given and even third. She also has given away property that was in the house including their car and is now having an auction to dispose of the remaining property. She has not said how or if she will distribute funds from the auction.
Is this correct under Ohio law? I live in a different state. Should I get my own attorney?
1 Answer from Attorneys
Re: Ohio Probate Law
Under Ohio law if someone opens a joint with right of survivorship account it is presumed that the parties intended to trasnfer the asset to the surviving owner. So if your grandparents made your sister a joint owner of the bank account with rights of survivorship she would be entitled to the account. It would not go through your grandparents will.
Executors need to file an inventory with the probate court showing the assets in the estate and they also need to file an account with the court showing the distibution of the assets at the end of the administration.
You may want to talk to an Ohio attorney to make sure your rights are protected.
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