Legal Question in Wills and Trusts in Ohio
Penalty if estate not closed in time
My mother is executrix of her grandmother's estate. She and her four sisters are the beneficiaries. They all agreed not to get a lawyer, and Mom's been dragging her feet as executrix. she didn't file until 8 mos. after date of death. My granddad is now telling my aunties that if the estate isn't closed within 13 mos the state can keep the estate. He's pretty good at stirring up trouble. And this really doesn't sound right to me but i'd like to make sure.
2 Answers from Attorneys
Re: Penalty if estate not closed in time
No, the state will not keep the money. However, the administrator of an estate has deadlines to keep, such an providing the court with an inventory and an accounting. When these deadlines aren't met, the adminstrator is sent a citation and a notice of a hearing. You might want to consult with a lawyer or with someone at the courthouse.
Re: Penalty if estate not closed in time
The State can't keep your grandmother's property. Has your mom filed anything with the ProbateCourt? What do you mean when you say that your Mom's been "dragging her feet?"
Ohio law does have time limits that are supposed to be followed when dealing with a person's estate. If the estate has not been started, that is, if nothing has been filed with the Probate Court, then one of the heirs will have to file something to get things going. In that case, an attorney should be used.
If mom as opened the estate, then the Probate Court will be looking for certain things to be filed. If those things are not filed on time, the Court will send a citation to mom and eventually will set a hearing for her to come in and explain why things are not getting done.
If you want to discuss this in more detail feel free to give me a call.
Good Luck!
DHD
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