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A will probate question. Ohio. The executor of a will would…

A will probate question ...

A will probate question

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Ohio

Lawyer's Assistant: Has anything been filed or reported?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The executor of a will would not probate it The executor of a will would not probate it

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Answered in 5 minutes by:
3/8/2018
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 56,556
Experience: Attorney with 29 years of experience.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Customer reply replied 1 month ago
I would like to take the party to small claims court to recoup The cost it cost me to have them probate it because they wouldn’t ! The executor was the only one listed in the will and said they didn’t need to because they were the only one listed

Good morning. The decedent's estate and its assets are not the executor's personal piggy bank. The executor has a fiduciary duty to each beneficiary. Each beneficiary is entitled to have the executor timely file the will for probate...usually within 30 days of death..., to timely administer the estate specifically pursuant to the terms of the will, to have the executor provide a copy of the full inventory of assets and periodic accounting of every dime in and out of the estate. Unless there is a particular situation complicating the administration, the administration of an estate would not take over 1 year to administrate and usually only 6-9 months. If the executor fails to file the will for probate, produce the inventory, periodic accounting, or fails to timely administer the estate specifically in accordance to the will, you can file a petition with the probate court to have that person removed as the executor for breach of fiduciary duty. And, if an accounting, which the court will order if the executor has not provided one, shows there to be any misappropriation of estate assets or funds, you can also ask the court to award actual and punitive damages against the executor. In your situation, I would put the named executor on written notice by certified letter of the foregoing and let the person know if he/she does not satisfy an executor's fiduciary duty to all beneficiaries in the administration of the estate, including filing the will for probate immediately, you will be filing the petition with the court to have the person removed and be asking the court to appoint another person as executor order an audit of the estate.

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Customer reply replied 1 month ago
We did ask for will to be filed. Executrix refused it cost 1500 in fees to make her file the will. Do I have a case to recoup those
Fees??

Can you provide me a bit more information. Are you a beneficiary under the will?

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Customer reply replied 1 month ago
We didn’t know. It was my step father’s will girlfriend wouldn’t produce it didn’t know if we were beneficiaries in the well and she said he left her everything and she didn’t need to probate it because she was left everything we tried to get a copy of the will from her lawyer she wouldn’t produce it we asked her in return writing and she wouldn’t produce it so we had to someone’s her to court to bring the well to court and it cost us $1500 to do it
Customer reply replied 1 month ago
We hired a lawyer to summons her to have
To bring the will to court!!
Customer reply replied 1 month ago
It was determined we were not in the will and now it has been filed in probate

Thanks. Yes, given that they would not provide a copy of the will to determine whether or not you were a beneficiary, you did have standing to pursue the matter. So, it was their failure to produce the will to show you that you were not a named beneficiary that resulted in your having to file this suit. So, in my experience, the court would likely award you a judgment to recoup these costs.

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Customer reply replied 1 month ago
Ok He would like to take the executor to small claims court to recoup our cost if she would’ve just produce the will we would’ve had to incur all this cost we appreciate your expertise we didn’t want to go to small claims court if we did not think we had a case
Customer reply replied 1 month ago
I will just prepare my case from the start to the finish with my cost and exactly what happened and my receipts ! There anything else you think that might help my case that I should include

The key is to make sure your complaint details how their refusal to produce the will was the action that caused you to incur these expenses. They could have easily produced the will to prove to you the contents, but their intentional refusal to do so left you no other alternative. :)

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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Customer reply replied 1 month ago
Ok, I will detail the actions and cost. Thank u , u were most helpful. !!

You're very welcome! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: www.justanswer.com/law/expert-legalbeacon/ . Or, simply request “Richard only” in the first line of your question.

Richard
Richard, Attorney
Category: Legal
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Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time!

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