Legal Question in Wills and Trusts in Ohio
parents estate
my father passed away my mother is still living and in good health..i have 3 younger brothers we are all executors to the estate on her will and my brother 3 years younger is the administrator who is trying to get her to put all in his name her house farm money market and all....if something happens to him before her....with it being in his name what happens to her property do we have to go against his wife to get my parents estate.....when he has left all to her??? cant she put her property in a living trust in all 4 of our names and then to our spouses or children??? i just feel he is leading her down a slaughter path... especially right now... he is trying to take over the whole estate in his name...... is there a way to stop the boys from shutting me out.....???? what do i need to do to protect my interest from them..???????? supposedly i am to get 1/4 of the estate from what my mother says to me......can i legally get a copy of her will now to see what is in it???? any and all advise would be greatly appreciated
2 Answers from Attorneys
Re: parents estate
A trust would be a good idea. You'r right about the part of his wife getting an interest in everything. For one thing, she gets an automatic dower interest for any real property that is put in his name. What he is doing is not a good idea. An irrevocable trust could be written up to accomplish what you need. If you are near Summit County (Akron), feel free to call for a free initial consultation, if you wish. I can draft a trust that would accomplih what you want.
Re: parents estate
I am not sure that I understand your younger brother's position. Your question states that your mother has named all of you as co-executors of her estate.
What legal role does your brother currently hold? Administrator? Do you mean that your brother has power of attorney?
You are right to be concerned about the efforts of your brother. It would not be a good idea for him to transfer your mom's property to his name. She needs to talk to an attorney before she signs any documents. If she is of sound mind, then she has the right to do whatever she wants with her property-but-it should be what she wants after all of the consequences of her actions have been explained to her.
Give me call and I will be happy to discuss the options in more detail.
Good Luck!
DHD
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
