QUESTION
How can I legally require my brother to surrender "property"?
Asked on Oct 07th, 2021 on Wills and Probate - Ohio
More details to this question:
My dad passed away a few months ago, and my brother is the executor and trustee. The entire estate has been preplanned to avoid probate and that is not the issue. According to what I have been told, everything of my dad's is to be evenly distributed to each of his 5 children. If that is the case, then financial accounts and their respective statements legally belong to me and my siblings. However, the executor brother is refusing to allow us to see the statements. He has not provided a copy of the will to any of us either. I simply want to have papers served to him informing him that he must provide (or allow the financial management company to provide) statements for the IRA's trust account etc. I do not want a probate attorney, nor do I want this to become a probate issue. I feel that it is simply a matter of property. Financial statements to validate that he has not, or is not doing anything inappropriate
1 ANSWER
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See Section 5808.13(c) of the Ohio Revised Code. (link below) As a beneficiary of a Trust you can demand a full accounting and he is legally obligated to provide one to you.
https://codes.ohio.gov/ohio-revised-code/section-5808.13
If the brother knows where the Will is etc., and refuses to produce it that is also a violation of Ohio Statutes. See Section 2107.10 of the Ohio Revised Code.
https://codes.ohio.gov/ohio-revised-code/section-2107.10
Ultimately, if he is refusing to fulfill his obligations at law, then your recourse is to hire an attorney and bring a lawsuit against him.
Best of luck.
Answered on Oct 08th, 2021 at 6:02 AM