Chesaning, MI asked in Estate Planning for Ohio

Q: I was just nominated guardian of an estate for my grandparent.

I was just nominated guardian of an estate for my grandparent. Only one is living. I'm not truly sure what all this means. What are my complete duties and how long does this last? Limits?

Some of my family say they are going to start transferring and selling his things/home with or with out me. There is no will at the moment. What can be done?

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2 Lawyer Answers
Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: NOBODY has the authority to sell someone ELSE's things without a power of attorney from the owner or, as you have, appointment as guardian. You now have the authority to prevent other people from selling your grandparent's things. If they do it anyway, they are guilty of theft and conversion. You are the only one with authority now, but you might need to assert your authority using the power of the court, and an attorney can help you with that.

Moshe Toron agrees with this answer

1 user found this answer helpful

Joseph Jaap
Joseph Jaap
Answered
  • Estate Planning Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: If grandparent is living, it would be "guardian of the estate," and lasts while living unless you resign. If grandparent is deceased, it would be "executor" or "administrator" of the estate, and lasts until all the assets are distributed to heirs and beneficiaries. The probate court actually must authorize you to act in either of those capacities after you file the required application. Use the Find a Lawyer tab to consult a local probate attorney who can review the facts and advise you.

Moshe Toron agrees with this answer

1 user found this answer helpful

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