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LawTalk, Attorney
Category: Estate Law
Satisfied Customers: 34882
Experience:  I have more than 25 years of experience in the practice of law.
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My brothers are executor and co-executor of my mother's estate,

Customer Question

my brothers are executor and co-executor of my mother's estate, and the
sale of land in Ohio is not being processed as the two brothers are deciding,
without asking my opinion, to hold the land and not sell and disperse the
money three ways (as was explained in the will). They now are not returning
my phone calls (there have been many). I feel that they are not doing there
job as executors and they don't have the right to block me out. We are all
1/3 owners of this land, I should be consulted in any decision about what to
do with it.
Submitted: 6 months ago.
Category: Estate Law
Expert:  LawTalk replied 6 months ago.
Good afternoon,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. Under Ohio law, the executors of the estate have the legal right to determine how the estate will be dealt with before distribution. They may legally sell the property and recover proceeds of the sale, or if there are sufficient assets to pay all creditor claims, the executor(s) may choose to keep the property and have the court transfer title to the heirs according to the will. Only if the will specifically directs that the property be sold would they have an obligation to sell the property as opposed to keeping it and transferring the real estate to the heirs. Unfortunately, as an heir but not a named executor, you have no legal ability to force the executor(s) to provide you with information concerning the estate. The executors only have to respond to inquiries made by the court. You wrote: We are all 1/3 owners of this land, I should be consulted in any decision about what to do with it. If you were an actual owner of the property I would agree. But until the court orders that you be named on the deed to the property, the estate owns the property---not you or either of your siblings. That is why they do not have to get permission from you as regards ***** ***** property is dealt with. I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.Thank you in advance. I wish you the best in your future,Doug
Expert:  LawTalk replied 6 months ago.
This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. Despite the fact that I have answered your initial question already, if you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.On the other hand, if I have provided you with the information you asked for, and you have no further questions, would you please now rate my service to you so I can be compensated for assisting you?Thanks in advance,Doug

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