Legal Question in Wills and Trusts in Ohio
Question about will
My husbands father died in March 2008. My husbands brother was named executor. He did not enter the will into probate until 3 months after his father's death. My husband and his brother were the only beneficiaries in the will. They are to split a 403k evenly. (my husband's brother took everything else before his father's death) The problem is that my husband's brother is dragging this out. He keeps giving lame excuses as to why my husband has not received the money yet. He(husband's brother) has the check from 403k. But he keeps making excuses as to why he can't give my husband his share. Is there anything we can do?? Also, I read somewhere on this site that the will is suppose to be put into probate within 30 days of the persons death. My husbands brother waited 3 months. Is there anything we can do about that??
Thank you in advance for any help you can offer.
1 Answer from Attorneys
Re: Question about will
I assume you are talking about a 403b plan (non profit or government pension plan). These plans are usually paid out directly to beneficiaries and would not go through the will unless the plan did not have a beneficiary. If you husband was a beneficiary of the plan the check should have been paid directly to him and usually is not payable to the estate or the executor. Your husband might want to check with the 403b plan administrator.
If the 403b proceeds went to the estate then the executor generally will need to make distributions and file a final account six months after his appointment. It sounds like that deadline should be coming up soon. You might want to check with the probate court to see what is going on. In larger counties the dockets are often online.
I am not aware of any law in Ohio that requires a will to be filed in probate within 30 days.
This answer is general legal information and is not intended nor does it create an attorney-client relationship. You should consult with an attorney for legal advise particular to your situation.
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