QUESTION

Who is responsible for carrying out the wishes of my deceased fathers will? My dad wished that all his assests be split between the 3 of us kids.

Asked on Feb 03rd, 2012 on Estate Litigation - Ohio
More details to this question:
My brother is the executer and moved the money to his account and there are lots of bonds. He feels he should get the money ? but we are splitting the bonds. we have agreed to let him keep the house (no where else to live) but when my dad refers to "all" assetts, does that not include the money as well?
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1 ANSWER

An executor is the person(s) named in the last will and testament ("will") who has the responsibility of following the terms of the will.  Being nominated as the executor in the will is not enough; the executor must apply to the probate court in the county in which the will was admitted to receive his or her formal appointment pursuant to R.C. 2113.01.  The executor has the responsibility of collecting all of the assets and reporting to the probate court.  R.C. 2113.25. One of the issues here is whether the assets are probate or non-probate assets.  Probate assets are assets overseen by the probate court and distributed by a will or intestacy statute by the executor or administrator.  Non-probate assets are the opposite; they are assets that have a joint owner or beneficiary and that joint owner or beneficiary receives the assets at the owners death outside of probate court.  If the money is a probate asset, meaning it was titled in your father's name alone with no beneficiary designation, then the money must be distributed according to the terms of your father's will and should not be co-mingled with any personal assets of the executor or anyone else.  If your brother was named as joint owner or beneficiary of the account(s) that contained the money, then it is possible your brother is legally entitled to the funds and does not have to share with you despite the will, because the way your father established the account(s) controls, not the will.  The same is for the bonds and the house.  If there is no joint owner or beneficiary, then the bonds and house are distributed according to the terms of your father's will.  The executor cannot violate the terms of the will to benefit the executor. It sounds like it is important for you to determine how the assets were titled at your father's death and the names of the beneficiaries, to figure out if your brother is acting appropriately.  You may also wish to pay close attention to the documents filed by the executor to ensure you are in agreement as you have limited time to file objections (for example, see R.C. 2115.16).  Best wishes, Amanda This response is general in nature and is not legal advice.  No attorney client relationship is formed by it.  Further, the response does not represent the opinions or views of LexisNexis or its affiliates companies.  You may wish to consult an attorney for specific legal advice.
Answered on May 23rd, 2012 at 12:35 PM

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