Seattle, WA asked in Probate for Ohio

Q: Can a POA / executor move everything into their name to avoid paying beneficiaries and medical bills in Ohio?

My father made my brother medical and financial power of attorney as well as executor of his estate. Before he died, Dad was in a nursing facility for nearly a year, and my brother drained all his accounts, paid off the house and then transferred it into his name. My brother also spent some of my dad's money on personal things for himself, such as a trip to Europe and his wedding. The only beneficiaries of the will were my brother and my stepbrother. He had life insurance for my sister and me that my brother couldn't touch. My brother never gave a copy of the will to my stepbrother or told him he was in it.

I believe my brother thinks that by transferring everything into his name, he can avoid sharing the house, and not have to pay medical bills. He is putting the will into probate soon, and I'm concerned what he has done is illegal, and the probate process will show this. I sent my stepbrother a copy of the will because it has been four months now since my dad died.

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1 Lawyer Answer
Aaron Epling
Aaron Epling
  • Probate Lawyer
  • Hilliard, OH
  • Licensed in Ohio

A: If he presents the will to the probate court, then the judge is not going to approve a final account unless each beneficiary of the will gets his/her share.

As to assets that were transferred prior to death, this is probably theft or breach of fiduciary duty. Your stepbrother needs a lawyer to make sure he gets his fair share.

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