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Attorney2020, Attorney
Category: Estate Law
Satisfied Customers: 1366
Experience:  Estate planning and wealth preservation attorney.
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Customer Question

I would appreciate it if only a lawyer who knows and understands the Probate Laws of Stark County, Ohio, answer this question for me. .I am not interested in estate law only Probate Law (which is quite complex) at this time. My husband has been in Probate as one of the 2 heirs to his aunt's estate for one year. The Will Attorney seems to have acted quite questionable and has allied himself completely with the care-giver who was designated as Executrix on the will. . She said she would not answer any of our questions or help us any longer about 1 month after the beginning of the probate. The will attorney granted her that accommodation with the silent guarantee with the leaving executrix that he was allowed to charge his billable hours to anything he would do or be contacted or would write an e-mail (in her place). Now we have been told that the executrix (who has done absolutely nothing) and this will attorney that because she doesn't want to be executrix to the home involved we would be forced to accept the immediate transfer. . and it looks like they will do it without our consent or signature. The other heir is on a cruise right now, and my husband who is the second heir is scheduled here in Las Vegas (not Canton, Ohio, where the probate is) for emergency hernia operation. . My question is, as the executrix has wiped her hands off being an executrix from the first "go" is she entitled to her full percentage just as if she has been an excellent "executrix"? Never has she contacted us, she just leaves everything to her buddy the Will Attorney who happily bills every e-mail , phone call, or even a thought to his "billable hours". Under Ohio Probate Law, is she entitled to be getting every executrix cent, along with the exhorbant billings from the will attorney, who only were supposed to be the executor or executrix of this probate inheritance? Please let me know.

Submitted: 1 year ago.
Category: Estate Law
Expert:  socrateaser replied 1 year ago.
ORC 2113.35 provides that "(A) Executors and administrators shall be allowed fees upon the amount of all the personal property, including the income from the personal property, that is received and accounted for by them and upon the proceeds of real property that is sold...."

However, the Code further provides that, "(D) If the probate court finds, after a hearing, that an executor or administrator, in any respect, has not faithfully discharged the duties as executor or administrator, the court may deny the executor or administrator any compensation whatsoever or may allow the executor or administrator the reduced compensation that the court thinks proper."

The executor must petition to receive fees from the court. When that happens, you can file an objection, state your reasons, and ask for a hearing with the court. The judge will decide if the executrix deserves the fees.

Hope this helps.
Expert:  Attorney2020 replied 1 year ago.

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