Legal Question in Wills and Trusts in Ohio

You can correct the problem by filing an action in the probate court. You would be asking the court to determine the amount your spouse was supposed to receive and then, if she did not receive that amount, to order the executor to pay her the amount she was entitled to. There are a few other steps but it is basically a straightforward suit. For more discussion about probate litigation in Ohio, refer to my website at www.zigraylaw.com

I agree that you would file an action in probate court. However, the type of action would depend on what phase you are in the probate process. You would not be "suing" the executor. For example, if the executor has filed an account, you can file an objection to the account within the statutory time limits based on the incorrect distribution of money to the beneficiaries. You should speak to a probate attorney who can look over your case and properly adivse you based on what has transpired so far in the probate process.