Legal Question in Wills and Trusts in Ohio

small estate

My mother-in-law's lawyer that prepared a will for her, advised her, that if she provided for the distribution of her assets before her death that the executor might not need not file the will in Probate Court. That it could be used as a sort of backup should a problem develop. Is this something that if discovered would be prosecuted?


Asked on 3/10/08, 6:49 pm

1 Answer from Attorneys
Robert Rosplock Rosplock & Perez

Re: small estate

I am not sure I understand your question. There is nothing wrong with your mother in law voluntarily giving away her assets while alive to avoid probate. A will is probated to insure the assets she still owned at death get distributed as set forth in her will.

If she owned property at death, then only the executor can deal with that property.

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Answered on 3/11/08, 9:16 am


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