Pitcairn, PA asked in Estate Planning, Family Law, Civil Litigation and Probate for Ohio

Q: My Father had a will and Trust done after my Mother died in 2012. My Father died in April 2020.

My sister was appointed Executrix of my Fathers estate and another sister Trustee of his trust. The day after my Fathers funeral service the Executrix and her husband and kids started to go through my Fathers house and started clearing it out and giving stuff away on top of whatever she took for herself. This was in April 2020 and was all done before being approved by the Probate court to be executrix of my Fathers estate. The probate court approved the Executrix on August 12, 2020. The house went through Probate. Can anything be done about this?

1 Lawyer Answer
Andrew Popp
Andrew Popp
  • Estate Planning Lawyer
  • Cuyahoga Falls, OH
  • Licensed in Ohio

A: The answer depends on a number of additional factors. A key issue that needs to be addressed is whether the household goods were considered a probate asset, or an asset of your father's Trust. As the other attorneys have advised, the analysis is too complex for an answer on this forum. You need to sit down with a qualified probate attorney to review the situation in detail.

Best of luck.

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