Legal Question in Wills and Trusts in Ohio

Statutes and Limitations..

Mom died over a year ago, with a will leaving estate to both siblings. Loans were made to both siblings by mom during her lifetime and forgiven in the will. The tax returns, both Federal and State have been filed as of June, 2002, the State had been accepted. This is a simple probate, no real estate, only CD's, stocks and monies. Stocks have been sold, so estate is now in principal. Other sibling is claiming the other took monies from mom, yet has not filed any action. What is recourse and what is the statute of limitations?


Asked on 9/26/02, 3:53 pm

1 Answer from Attorneys
David Weilbacher, Esq. Attorney at Law

Re: Statutes and Limitations..

It is not clear what you are asking. If you are asking if one sibling has a claim against the other for the money, they do not. If anyone has such a claim, it would be your Mother's Estate. The statute of limitations would be determined by the manner in which the money was received, that is whether it was a loan, or if it was stolen. If it were a loan on a verbal agreement, six years; a loan on a written agreement, fifteen years; if stolen, four years.

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Answered on 9/27/02, 4:31 pm


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