Legal Question in Wills and Trusts in Ohio
I have a question about the ethics of an executor. The executor happens to be my brother. I was at my dads house doing the estate sale and something told me to open the bank statement. I see my brother borrowed 2700. on july 27th while my dad was in a coma and paid it back on august 18th the day after my dad died. He also took a 2000 dollar withdrawal on august 25th and paid it back this week so he says. Is this ethical and am I wrong for wanting my share of the checking so I dont have to follow the paper trail?
2 Answers from Attorneys
Ohio Revised Code expressly prohibits any transactions with the estate unless expressly authorized by the instrument or with prior approval from the court. Therefore, while he was acting as executor, there may be a breach of fiduciary duty. If you have any further questions, please contact me through our website: http://www.socrateslegal.com.
Probate estates are intended to be open to the public and to the beneficiaries. You should be able to view the accounting when asked. The executor needs to file an accounting with probate court from time to time where it can also be viewed. Regardless, the executor manages the accounting.
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