Legal Question in Wills and Trusts in Ohio
My uncle passed away in September and had a mid-sized estate with very little debt. He named my cousin to be an executor with 5 heirs. Here�s what I am struggling with:
1. Attorney and the executor are really close. They meet at the local sports bar and play trivia and have drinks on a weekly basis. We feel that the attorney and the executor are working to minimize how much of the estate is left for distribution, almost as if they are trying to pad their own pockets. For example, any time we sell something from the estate we do so in a non-cash transaction so we can ensure that the money makes it to the estate. Our attorney is charging us for making those deposits when me and 2 of the other heirs feel that the executor should be making those deposits vs paying out of the estate for ramped up legal fees.
2. We have asked several times to have a meeting with the executor to discuss items within the estate. He has yet to meet with us, it is almost like he is avoiding us. Isn�t it his duty and obligation to be there to answer our questions and settle the estate the way us heirs agree? We need him to sign off on these items since none of us heirs have the authority to do so. Example, his mother wants to buy the vehicle, we want to sell third party. He�s going to sign the vehicle over to his mother because it will be a bona fide sale no reason he can�t.
3. All heirs received a paper in the mail, a waiver of notice of hearing on inventory. While out reviewing how the case is progressing online it was noticed that all of our papers did not have the hearing date entered at the bottom causing all of us to miss the hearing�but yet my aunt�s waiver had the hearing date on it. Why were we all not notified of a hearing?
I have never had to go through any of this before and I don�t know what to think of all of this. It doesn�t sit right with me (along with the other things that they say to me) and I feel as though they are trying to deplete the estate with reimbursements (my aunt takes a lot of expenses for the estate and pays them out of her pocket instead of them coming from the estate) so we as heirs get nothing.
1 Answer from Attorneys
You are entitled to retain your own representation to advocate for you in this probate estate. Also, if the executor is doing anything that is contrary to the estate and/or its beneficiaries or is not fulfilling his fiduciary duties, he can be removed and a new one appointed.
It sounds like many of the items you listed are questionable and should be reviewed by a probate attorney to determine if any wrongdoing has actually happened and also to keep the executor on track. I am available if you would like assistance. My website is www.socrateslegal.com, you can call or email my office. Good luck!
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