Asked in Probate for Ohio

Q: My Dad died last week & my sis is executor. She is taking valuable items out of the estate for herself.

She is also a beneficiary along with only my brother and I. She has her children whom aren’t beneficiaries going in as well and taking out items. I live out of the country and she wouldn’t listen to me that executors have to act in the best interest of the estate and not personal gain. I don’t think she knows what she is doing is wrong, and tells me I am and that she has full rights to do anything she wants as the executor. I saw she has my fathers antique stained glass hanging in her windows via a Facebook post. This is already a difficult time, now she is mad at me and said she’d take me out of the will. Which I know legally she can’t do. Yet, I am beside myself that she won’t listen to reason or educate herself on what it is to be an executor. I feel overwhelmed with the unexpected death (Covid) and now her actions. What should I do?

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1 Lawyer Answer
C. Lawrence Huddleston III
C. Lawrence Huddleston III
  • Probate Lawyer
  • Columbus, OH
  • Licensed in Ohio

A: She won't listen, so the only option is for you and your brother to hire an expert probate lawyer, and probably file your own action to be appointed and to remove her. At a minimum, you need to keep good notes of what she is doing and need to meet immediately with your own lawyer. Most likely, your attorney expense can come from the estate, but if you don't act immediately, you will be out of luck completely.

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