Q: We own property in OH, with other relative who refuses to file will. He is lawyer and is threatening to litigate us.
If we file a partition lawsuit- it has been 2 years, and he refuses to start probate, and is threatening to litigate us to death. He has also said that if we start a partition- and the property goes to auction, he will have a buddy buy it out cheap and cheat us. We would like to file to become executor of the whole estate- but were told we can't, since we live out of state. Is there any chance we could appeal this rule- due to extenuating circumstances? We believe this relative is named executor, but we can't see the will.
A:
This warrants a complaint to the Ohio State Bar. Here is information on how to file a grievance:
https://www.supremecourt.ohio.gov/DisciplinarySys/odc/complaint.asp
Don't threaten to file a grievance. Just do it.
A: I'm assuming from your question that you and at least one other person (the decedent who left a will) own the property. Filing a grievance is probably appropriate given these facts, but it doesn't solve your problem anytime soon. You could file an application to probate the will yourself; or simply an application to act as administrator if you can't locate the will. If the person named as executor wants to step in, then they are allowed to do so and they will be accountable to the court at that point. If they don't step in, then you can move forward and sell or transfer the property as administrator.
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