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Uncontrolled executor

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cmbl1.1@netzero

Junior Member
What is the name of your state (only U.S. law)? New Matamoras, Washington County, Ohio.

This Executor is a sibling as well as my twin. As the executor he is being absolutely dictatorial, evasive (if not nonresponsive) to direct questions regarding my fathers estate and, in my opinion, WAY out of line with his customer relations (job related). As an heir, would I not be considered a customer (Dad being the client.)? Though I support his appointment as executor, I'm beginning to wonder if he actually knows his duties and responsibilities (specifically in regards to his fellow heirs). I want him to continue as both my parents wished, WITH honor, diligence and service to the entire (heirs) family.

What is the (what actually occurs step-by-step) states required timeline for execution of the probate?
What (if any) are the Executors duties and responsibilities to the heirs of the estate?
As Executor/Heir, how should my fathers "death bed wishes", which only he heard, ("...take care of Aunt Sallie"; Kerry/Executor, to the exclusion of the heirs???) be dealt with?
 
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anteater

Senior Member
Sorry, but I did not read the examples. One big block of text is offputting.

What is the (what actually occurs step-by-step) states required timeline for execution of the probate?
After gaining appointment by the court and sending/publishing any required notices and submitting an inventory within 3 months of appointment, there is not really a timeline. There is an expectation in Ohio law that administration of the estate will be concluded with 13 months of the appointment, but the court can grant additional time.

What (if any) are the Executors duties and responsibilities to the heirs of the estate?
In general, the duties are to take possession of and secure the assets of the estate, ascertain and pay legitimate creditors, and distribute the remaining assets in accordance with the provisions of the deceased's will or Ohio's intestate succession statute.

The executor works under the supervision of and reports to the court, not the heirs/beneficiaries. The executor is not a customer service agent. Generally, the executor can ignore the heirs/beneficiaries except for communication required by the law or the court.

If you want to read up on Ohio probate, here is a link to the Ohio code:

http://codes.ohio.gov/orc/21

If you have a problem with the manner in which the executor is administering the estate, your remedy is with the court.

As Executor/Heir, how should my fathers "death bed wishes", which only he heard, ("...take care of Aunt Sallie"; Kerry/Executor, to the exclusion of the heirs???) be dealt with?
Death bed wishes do not trump the provisions of the will or Ohio's intestate succession statute.
 
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