QUESTION
Is this legal and what can we do about it if he will not give any of us other brothers the code for security?
Asked on Jun 08th, 2015 on Estate Planning - Ohio
More details to this question:
I have a younger brother who has been named as executor of my parents (dad passed in October 2013 and mom passed May 2015) estate (there is a will). All of us children are listed in the will. The other 3 brothers and I have been locked out of their house and a security system was installed by the younger brother. He is the only 1 who can get in the house and has been in the house taking things out. He has also sent each 1 of us papers pertaining to waivers including waiver of notice of probate of will and waiver of right to administrator. He has been convicted of DUI, fleeing and eluding and also believe he has a carrying concealed weapon.
1 ANSWER
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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It is legal for the executor to control the property. But you can challenge his appointment as executor, particularly if he has been stealing items from the house. Be aware that when family members disagree on who should be executor, the judge often appoints a crony as executor and the fees will be EXTREMELY high.
Answered on Jun 10th, 2015 at 10:04 AM