Ask an Estate Law Question, Get an Answer ASAP!
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).