Lorain, OH asked in Estate Planning for Ohio

Q: Ma father passat in his will he states house cars and all assets go to me and brothers equly before we got here the exc

He came on home and took GUNS knifes and other items said he had a verbal agrement with my dad but the will doesnt say that can he do that

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2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Crossville, TN

A: A COURT-appointed executor is entitled to gather up estate assets, but he or she must then distribute them according to the will. If that is not happening, then you need to hire a probate attorney to help you hold the executor accountable. if your brother has not yet been appointed by the court to be the executor of the estate, then he may be liable for theft.

C. Lawrence Huddleston III agrees with this answer

C. Lawrence Huddleston III
C. Lawrence Huddleston III
  • Estate Planning Lawyer
  • Columbus, OH
  • Licensed in Ohio

A: Verbal agreements made during lifetime mean absolutely nothing after death. With approval of all other heirs, the Executor may choose to honor such a statement, but is under absolutely no obligation to do so. Your brother has acted improperly, and his action is criminal theft. It is unlikely the police will do anything in this type of situation without a court order, so you are almost certainly going to need an expert probate lawyer to force him to give back the items he took.

Andrew Popp agrees with this answer

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