Pickerington, OH asked in Probate for Ohio

Q: Should executor pay rent as exclusive user of vacation home in probate?

My brother-in-law is (or will be once he finally files--it's been 9 months) executor of his father's estate (mother died first). A vacation home is part of the estate, and it has been closed up for the winter, so nothing needs to be done to "preserve" the property. The b-i-l is planning on opening it up, turning on water, electricity, gas, internet, etc., and charging the estate for all of those costs over the summer. He and his family will be the only ones using the property, which seem to me would violate his fiduciary duty. It's an Ohio estate, the executor lives in Illinois, the property is in Wisconsin.

Related Topics:
1 Lawyer Answer
James Jeffrey Jackson
James Jeffrey Jackson
  • Probate Lawyer
  • Delaware, OH
  • Licensed in Ohio

A: If your family has an interest in the estate, hire an attorney. If your concerned about your relatives, tell them to hire an attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.