Legal Question in Wills and Trusts in Ohio

I've posted several messages in reguard to this situation, the issues just seem to keep dragging out so here goes my new question.

My dad died, my brother has decided to sell the house in which case 75% goes to him and 25% to me. My brother wants to make repairs and hire a crew to go in and fix up the house before selling it and says he's paying the crew and for the materials but wants paid back for all of it out of the estate funds after the house sells. Can he do this? Is he going to get the full check and be responsible to pay out what's supposed to be paid and then give me my share or will the courts handle that and send me a check directly? He is very irresponsible and untrustworthy. What is my best course of action? Not sure whether I should sit back and wait or maybe show up at the probate hearing (which would really tick him off) or what I should do.


Asked on 9/24/09, 9:15 pm

1 Answer from Attorneys
Christine Socrates Meyers, Roman, Friedberg & Lewis

Is the house still in the estate or has it been transferred into your names? Is he the executor? If the house is being sold within the estate, and your brother is executor of the estate, he will receive the check for the estate and your share will be distributed to you, by him. Also, he can make repairs to the house within reason and receive reimbursment from the estate if it is still an estate asset. The court will oversee this distribution but will not be physically sending you a check, that is the executor's job. If you do not trust him, I would protect your interest and appear at the hearing or retain an attorney to do so. What is the hearing regarding? If you need further information, contact me at http://www.socrateslegal.com

Read more
Answered on 9/25/09, 1:03 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Ohio