Legal Question in Wills and Trusts in Ohio
My parents named my sister as executor of their will. She has said that all the items in my parents house are hers to sell. Nothing was given specifically to anyone. And she has been selling off stuff since last November and using the money to live on and pay her past bills. I used to help her get rid of this stuff, but she has cut me out. I want my fair share of my parents estate. What do I do?
2 Answers from Attorneys
There are many things you can do. You may be able to petition the court for an accounting. You also may be able to petition the court to remove her for breach of her fiduciary duties.
You definitely should meet with an attorney. These are not actions I would advise you to do on your own.
Lisa K. Meier
This response is based on the limited facts you have provided and is not intended to create an attorney-client relationship. I cannot provide adequate advice to you without meeting with you in person. If you would like to schedule a free consultation, please feel free to contact me.
I agree with the prior attorney's response that you can petition the court for her removal. She has no right to any of the items of the estate for her personal use or gain. You may also file exceptions to the fiduciary account that she is required to file on the grounds that she did not include items of personal property or failed to include the proceeds of personal property sold on the account. You will need to know which items are missing from the estate. Personal property is a difficult issue unless you know the specific items and their values. I hope this helps. I would also recommend that you consult with an attorney who can properly evaluate your situation with more specific information that you can provide to give you the best advice. Good luck!
Christine Sabio Socrates, Attorney at Law
www.socrateslegal.com
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