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Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37376
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My father-in-law just passed away, my brother-in-law was named

Customer Question

My father-in-law just passed away, my brother-in-law was named as the executor in the will, he wants me to be the executor since I have recently been through this with the death of my mother. we live in Columbus, Ohio what form or document do we need to proceed with the transfer and where and how do we file.
Bill Anthony
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..If brother in law doesn't want to be the executor, then you can file your own petition to open a probate case and be appointed successor Executor of the estate if there is not anyone else named in the will. Brother in law would then just draw up a notarized statement saying that he is waiving his right to be executor and has no objection to you being appointed as successor. That can be attached to the probate petition along with the original will and then you will both have to appear before the judge to confirm that he doesn't' want to be executor before the judge will appoint you..This isn't a standard form type of thing so he will have to actually draw up his own Affidavit and have it notarized to submit..thanksBarrister
Customer: replied 1 year ago.
Hi Barrister,
Thanks for the quick response, there are 4 people named in the will, my wife, my brother in law who is the executor, another and another sister. The executor don't was the other sister (not my wife) to know that he doesn't want to do the job of executor because all 3 siblings are afraid that she would take everything. Do the other have to know about the transfer of executor?
Thanks again,
Expert:  Barrister replied 1 year ago.
You are very welcome....Do the other have to know about the transfer of executor?.Unfortunately yes, if you file the petition, then you have to notify all "interested parties" that you are seeking to be appointed and they have a legal right to object and ask to be appointed themselves. The judge then has to make the decision about who he feels would best fit that role..But whoever serves in that role, they are accountable to the heirs and the court for their actions and have to file an inventory and accounting to show where the assets started and where they ended up..thanksBarrister
Customer: replied 1 year ago.
Once again thanks for the fast response,
Are you an attorney in the central Ohio area?
If so we may want to retain your services.
Is estate work the field you work in normally?
Expert:  Barrister replied 1 year ago.
Again...very welcome. I am flattered that you would consider retaining me, but unfortunately, I am not allowed to represent customers from the site or recommend anyone personally under my agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need foreign counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews..And obviously you would be looking for an estate or probate law attorney to assist...thanksBarrister
Customer: replied 1 year ago.
Thanks for the help, have a good evening.
Expert:  Barrister replied 1 year ago.
Glad to help any time....All the best to you and yours..Barrister

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