Legal Question in Wills and Trusts in Ohio

Please accept my sympathy for the loss of your mother.

From your factual description, it sounds as if your sister is both the executrix of your mother's probate estate, and also the successor trustee of your mother's trust. Most often when an estate plan is designed using a trust, the decedent's Last Will directs any probate assets to be poured over into the trust, and from there the trust would control distributions to beneficiaries.

Because of the trust, most of the estate is handled without oversight of the Probate Court, so your question regarding how to promote transparency is an excellent question. Prior to 2007, in Ohio the scenario you described often resulted in family disputes and uncertain outcomes. However, starting in 2007, Ohio placed significant new law on the books regarding trusts; the new law is generally referred to as the Ohio Trust Code and it is codified at Title 58 of the Ohio Revised Code.

The Ohio Trust Code encompasses an extensive set of laws regarding many aspects of trusts, from creation, to administration and termination. The law also details the rights of beneficiaries and the duties of trustees.

Regarding the issue of transparency, a trustee of a formerly revocable trust which is now irrevocable due to the death of the trust maker, must advise the beneficiary in writing of the existence of the trust, within 60 days of taking over as trustee. Upon request of the beneficiary, the trustee must provide a the beneficiary with a copy of the trust instrument. In addition, upon the end of the trust's fiscal or calendar year, the trustee must provide current beneficiaries with a report disclosing the trust's income, assets, distributions and similar information -- thereby keeping the beneficiary reasonably informed.

In the event the trustee does not meet these requirements, a beneficiary may file a lawsuit in the Probate Court seeking a variety of remedies, up to and including removal of the trustee.

I advise that you meet with an experienced Ohio probate and trust lawyer in order to have your specific situation reviewed in detail. In the event that your mother's estate and trust are being handled in the Northeast Ohio area, my office is located in Westlake, Ohio about 20 minutes west of Cleveland, and I practice in most of the counties in the area. If we can be of any assistance, please feel free to call at 440.899.7710, or see our web page for more information.