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Irwin Law
Irwin Law, Attorney
Category: Legal
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Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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What is the statue of limitations on filing a law suit on estate

Customer Question

What is the statue of limitations on filing a law suit on estate once it has been probated and all parties sign off on accountability of the state monies? The location is Ohio.
Submitted: 1 year ago.
Category: Legal
Expert:  Irwin Law replied 1 year ago.

What kind of lawsuit are you talking about. Are you an heir objecting actions by the executor, a creditor of the deceased etc...? How long ago was the estate closed?

Customer: replied 1 year ago.

I am co trustee on trust but was executor of estate was close 0n 9-2008
law suit file 07-2013 but as addendum a to trust. l was sue started 10-2011. But interesting thing was my brother sign of on accounting on probate filing with the statement sent to Ohio.

Customer: replied 1 year ago.


the closure of the estate 09-2008. Law suit was file in probate court.10-2011 under wrong doing of trust duties.

Expert:  Irwin Law replied 1 year ago.
IF I understand the situation, you are both the executor of the individual's estate as well as a co-trustee of a trust. The estate was closed in '08, but the trust has continued on. The suit against you as trustee was filed in '11 for (I'm guessing) a breach of fiduciary duties to the trust. The statute of limitations for actions against a trustee in Ohio appears to be two years from the date of the previous accounting or report to beneficiaries. A recent Ohio case discusses this issue in depth. Here is an article about it that you might find useful. http://www.vorys.com/publications-708.html
I hope this Answer is helpful and that you will give it a positive rating. If you have any follow up questions please send back a Reply. You should consult a local attorney to verify that this information is accurate for your state. Thank you for using Pearl.com- Just Answer. We appreciate your business.
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 4922
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
Irwin Law and 2 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Hi Irwin , what statue of Ohio revise code ? Plus I never added his name to the trust because My Brother forge checks after Mom's death. Then I left the financial statements go to His address to review. The financial advisor name was always listed
My Brother never call the advisor. Are you in Columbus Ohio Iwill call to discuss further or appointment.Thanks

Expert:  Irwin Law replied 1 year ago.
Are you in Columbus Ohio Iwill call to discuss further or appointment.

The rules of Just Answer do not permit us to have direct contact with, or provide legal services on behalf of our customers. I am not in Ohio anyway. It should not be too difficult to find a lawyer in Columbus who does trust litigation work. Try at: http://www.martindale.com/Trusts-and-Estates/s-ohio/columbus-law-firms.htm

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Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.