How should it take for a beneficiary to get their money

Now that the house has been sold the money can be disbursed. The estate does not have to be closed out first.

The only thing that could be delaying it is taking into account what other expenses or creditors might have to be paid and whatever probate fees might have to be paid.

They can even make a partial distribution now and hold back a safe amount to cover estimated fees.

If it is going into a trust, then based on the terms of that trust payments will be made according to the terms of the trust, so that could be the delay. If you are an heir or trustee/beneficiary you can go to the probate court and look at the probate file.

Did you have any followup questions?

Without knowing what the will says it is hard for me to say other than what I stated above:

1. She is holding back the proceeds until she knows what final fees have to be paid out including probate fees (but she does not need to close out the estate first, she can do a distribution now and then close out the estate.).

2. If the trust calls for it to be split up equally and not be held in a separate trust account, then it should be distributed, no reason for a hold up.

What is the reason your sister gives for not making the distribution?

Are you still there?

No time limit. Estates are suppose to be closed within a year is pretty much a rule of thumb, very large estates take longer.

I am looking to see how you can file a form with the court requesting an accounting if the executor is not "timely" filing one.

This is from an Ohio law firm's website that deals with the rights of beneficiaries of a trust.

You may have grounds to file a motion to remove her as the executor if she fails to meet her fiduciary obligations.

_ _ _ _ _ _

Under current Ohio law, a trustee shall, within sixty (60) days after accepting its duties as trustee, notify the current beneficiaries of a trust of the trustee’s acceptance of the trust, together with the trustee’s name, address, and telephone number.

Further, within sixty (60) days after the date the trustee acquires knowledge of the creation of an irrevocable trust, or the date the trustee acquires knowledge that a formerly revocable trust has become irrevocable, the trustee must notify the current beneficiaries of the existence of the trust, the identity of the settlor/grantor, the right to request a copy of the trust instrument, and the right to receive a trustee’s report as defined below.

Upon the request of a beneficiary, the trustee shall provide to the beneficiary a copy of the trust document. Unless the beneficiary specifically requests a copy of the entire trust document, the trustee may furnish to the beneficiary a copy of a redacted trust document that includes only those provision of the trust that are relevant to the beneficiary’s interest in the trust. If the beneficiary requests a copy of the entire trust document after receiving a copy of the redacted portion, the trustee must furnish a copy of the entire trust document.

https://finneylawfirm.com/2018/01/13/ohio-probate-administration-rights-trust-beneficiaries/

If you live close to the probate court I would go over and look at the file and see the will for yourself, but also request that she send you a copy.

I hope I have answered your questions, if not, let me know.

It should have already been distributed.

You may have to file suit if she does not distribute soon.

She is breaching her fiduciary duty.

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Executor fees in Ohio are set by statute:

4% of the first $100,000 of probate assets;

3% of the next $300,000; and

2% of the assets above $400,000.

http://codes.ohio.gov/orc/2113.35

You may want to file an objection in advance with the probate court and copy her and her attorney if she is using one.

Yes, so you can file an objection with the probate court. Call the clerk and ask if you have to do it on pleading paper or if you can do it by letter so it goes in the file. If you have to do it on pleading paper that just means you have to have the top part of the page set forth the probate court file number, name of the estate, etc, just like on notices you probably got from them.

Here is the link to some regulations about removing you sister as the executor.

The regulations of Chapter 2113: EXECUTORS AND ADMINISTRATORS - APPOINTMENT; POWERS; DUTIES can be found at this link http://codes.ohio.gov/orc/2113

ESPECIALLY LOOK AT 2113.54 BELOW

__ __ __ __ __ __

2113.18 Removal of executor or administrator.

(A) The probate court may remove any executor or administrator if there are unsettled claims existing between the executor or administrator and the estate that the court thinks may be the subject of controversy or litigation between the executor or administrator and the estate or persons interested in the estate.

(B) The probate court may remove any executor or administrator upon motion of the surviving spouse, children, or other next of kin of the deceased person whose estate is administered by the executor or administrator if both of the following apply:

(1) The executor or administrator refuses to bring an action for wrongful death in the name of the deceased person.

(2) The court determines that a prima-facie case for a wrongful death action can be made from the information available to the executor or administrator.

-- -- -- -- -- -- -- -- --

2113.26 Examination of executor or administrator.

The court, upon application of any interested party, may authorize the examination of the executor or administrator under oath in open court on any matter relating to the administration of the estate.

2113.54 Distribution upon application of legatee or distributee

When five months have expired after the appointment of an executor or administrator and the surviving spouse has made an election under section 2106.01 of the Revised Code, a legatee or distributee may apply to the probate court for an order requiring the executor or administrator to distribute the assets of the estate, either in whole or in part, in cash or in kind. Upon notice to the executor or administrator, the court shall inquire into the condition of the estate, and if all claims have been paid, or adequate provision has been or can be made for their payment, the court shall make that order with reference to distribution of the estate as the condition of the estate and the protection of all parties interested in the estate may demand. The order of the court shall provide that assets be set aside for the payment of claims rejected within two months or in suit, and each claimant for whom assets are to be set aside shall be entitled to be fully heard as to the nature and amount of the assets to be set aside for payment of the claim and as to all other conditions in connection with the claim. Each legatee or distributee receiving distribution from the estate shall be liable to return the assets distributed to the legatee or distributee, or the proceeds from the assets, if they are necessary to pay those claims. The court, upon its own motion or upon application of the executor or administrator, as a condition precedent to any distribution, may require any legatee or distributee to give bond to the state with surety approved and in an amount fixed by the court, conditioned as provided in section 2113.53 of the Revised Code or as may be directed by the court. The bond may be in addition to the assets to be set aside or partially or wholly in lieu of those assets, as the court shall determine.

So under 2113.54 Distribution upon application of legatee or distributee you can apply to the probate court for an order demanding her to make the distribution, since I am guessing she was appointed over 5 months ago.. And when you do that I would put in the request that you have been demanding an "accounting" from your sister but she has refused. If your sister did not open up an estate bank account and just put the funds from the sale of the house in her personal account, she could be in big trouble with the Probate Court for conversion of funds and possibly theft.

Based no what you have told me if she just wires you some money or send s you ca check, she may be short changing you so you need an accounting and probably having her removed for breach of her fiduciary obligations as an executor is the best move.

Sorry about all those typos:

Based on what you have told me if she just wires you some money or sends you a check, she may be short changing you so you need an accounting and probably having her removed for breach of her fiduciary obligations as an executor is the best move.

It is pretty bad that she is doing this, I agree.

Hopefully she has shot herself in the foot with what she has done and the Probate Court will come down on her.

Any emails or documentation you have showing her true nature and wanting to take $20,000 for an executor's fee will go a long way toward showing the court that.

By the way, just a side note, I have been using the term Executor, but males are usually referred to as Executors and females are referred to as an Executrix.

Well let's hope things work out then.

1. I'm only guessing here, but maybe she meant the will named her as Executrix and when you went to check it hadn't been filed yet.

2. Check with the assessors office if you can to see who sold the property. She could have sold it on her own if your dad transferred the property to her before he died, otherwise the only way she could sell that property was as Executrix.

3. If she prepared and signed an Executrix Deed without being appointed Executrix by the Probate Court that would be fraud and if she did not distribute the money as was required then I believe it becomes criminal.

5302.09 Deed of executor, administrator, trustee, guardian, receiver, or commissioner form.

A deed in substance following the form set forth in this section, when duly executed in accordance with Chapter 5301. of the Revised Code, has the force and effect of a deed in fee simple to the grantee, the grantee's heirs, assigns, and successors, to the grantee's and the grantee's heirs', assigns', and successors' own use, with covenants on the part of the grantor with the grantee, the grantee's heirs, assigns, and successors, that, at the time of the delivery of that deed, the grantor was duly appointed, qualified, and acting in the fiduciary capacity described in that deed, and was duly authorized to make the sale and conveyance of the premises; that in all of the grantor's proceedings in the sale of the premises the grantor has complied with the requirements of the statutes in such case provided.

"DEED OF EXECUTOR, ADMINISTRATOR, TRUSTEE, GUARDIAN, RECEIVER, OR COMMISSIONER

. . . . . . ., executor of the will of . . . . . . ., (administrator of the estate of . . . . . .) (trustee under . . . . . .) (guardian of . . . . . .) (receiver of. . . . . .) (commissioner), by the power conferred by . . . . . ., and every other power, for . . . . . .dollars paid, grants, with fiduciary covenants, to. . . . . ., whose tax-mailing address is . . . . . ., the following real property:

(description of land or interest therein and encumbrances, reservations, and exceptions, if any)

Prior Instrument Reference: Volume . . . . . ., Page . . . . . .

Executed this . . . . . . . day of . . . . . ..

. . . . . . . . . . . . . . . . . . . . . . . . . .

(Signature of Grantor)

(Execution in accordance with Chapter 5301. of the Revised Code)"