QUESTION
Can we become an executor of an estate from a different state?
Asked on Nov 13th, 2011 on Estate Planning - Ohio
More details to this question:
One month ago my father in law passed away. He does have a spouse and one son. Four years ago he and his wife made a post nup agreement stating that everything they had together financially would be seperated and she would no longer recieve anything after 2010. He has no beneficiaries listed and lived in the state of Ohio, we are in Illinois. we have tried getting an Ohio lawyer to get executor of the estate but need to be an Ohio resident to do that. Me and my husband are now stuck on what to do.
1 ANSWER
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Paul A. Nidich Attorney at Law
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You do not necessarily have to be a resident of Ohio to be an Executor. But, did your father-in-law leave a will? If so, he should have designated who would become executor. If he died without a will, the probate court will choose an Administrator from among applicants. You can apply, but why wouldn't his wife or son be acceptable to the Court? An Executor is required to distribute the Estate according to the Will, or if there was no will, the Administrator is required to distribute the Estate according to the law of descent and distribution.
Answered on Nov 14th, 2011 at 6:20 PM