Legal Question in Wills and Trusts in Ohio

Sister-in-law incompetent executrix

Father died end August. 5 sons living are heirs. 2nd sons wife named executrix. Dad had one page will wherein he stated no probate, although at outset there is about $70000 to be distributed but we can't find out value of his remaining property as executrix refuses to give accountability. 3 brothers(me, youngest & oldest) want to contest will based on coerscion(?) also, it now comes to light that there is stock my father had, how the executrix did not know this, I'm not sure, plus there is additional stock she is not aware of that my oldest brother found. She is having ''her'' attorney draw up papers for us to sign to waive the need for probate on the stock. The 3 brothers don't want to sign. The executrix has now flown off the handle and refuses to correspond with any brother by email, and if by phone, she gets into a screaming tirade along with her husband, brother #2. What can or should we do. Nothing to my knowledge has been filed in probate court and if it has, I have received no notice. Help. Thanks.


Asked on 10/07/03, 1:58 am

2 Answers from Attorneys
Michael Olden Law Offices of Michael A. Olden

Re: Sister-in-law incompetent executrix

What should you do, get yourself a good attorney immediately. Recognize that you do not know the lawn that's why you're on this web site. It may cost you some money but if there's enough in the state overall it probably will be to your benefit. You must take IMMEDIATE action as any time it goes by a lousy executrix to deal with the estate in a manner that may not be to your best interest. I am in Northern California and to explain your rights would be far too long in this answer. If you wish to contact me, 925 -- 945 -- 6000.

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Answered on 10/07/03, 10:55 am
Scott Schomer Schomer Law Group

Re: Sister-in-law incompetent executrix

It sounds like the sister-in-law may be self dealing and breaching her fiduciary duties. You can petition to remove her or, if she has never been appointed, you can petition yourself. We have lots of experience with these matters and would be happy to give you an initial consultation at no charge.

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Answered on 10/07/03, 1:51 pm


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