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Many questions

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redbird225

Junior Member
What is the name of your state (only U.S. law)? Ohio
My father died in May 2010 and my mom in July 2010. I'm going to state my questions without writing alot of personal details.
My sister is the executor, so she says, I still have yet to see the will. She is very secretive about everything and has taken charge of EVERYTHING. The case was filed in probate Aug 12th. I do know myself, my 2 living brothers and my deceased brother are listed in the will at getting 23% and my sister at 8%. My sister has given me the attorney name handeling the estate...can I go on my own to ask questions? I do know there are life insurance policies...don't know any details of how much.
There are so many questions that i'm not getting answers from my sister...should I just make an app't to see the attorney handeling the estate or get a private attorney? I wanted things to unfold without confrontation but I don't see that happening. If I feel things aren't being handled properaly, can I stop the auction and sale of the home right now?
 


anteater

Senior Member
My sister has given me the attorney name handeling the estate...can I go on my own to ask questions?
Sure. But remember that the attorney is retained by and works for the executor. He/she may or may not communicate with you. If he/she does and you begin speaking about taking action against your sister, expect that the communication will stop.

Life insurance proceeds are generally distributed directly to the policy's designated beneficiaries and are not part of the probate estate.

...and has taken charge of EVERYTHING.
Since you capitalized that word, I guess it is meant to be significant. If "EVERYTHING" means all matters that relate to the probate case, then it is proper that she has taken charge of every thing. After all, if she has been appointed as the executor, she is responsible.

If you don't have a copy of the will, contact or go to the court to obtain one. From what I can find in Ohio law, the fiduciary only needs to give notice of the admittance of the will to probate:

2107.19 Notice of admission of will to probate.
(A)(1) Subject to divisions (A)(2) and (B) of this section, when a will has been admitted to probate, the fiduciary for the estate or another person specified in division (A)(4) of this section shall, within two weeks of the admission of the will to probate, give a notice as described in this division and in the manner provided by Civil Rule 73(E) to the surviving spouse of the testator, to all persons who would be entitled to inherit from the testator under Chapter 2105. of the Revised Code if the testator had died intestate, and to all legatees and devisees named in the will. The notice shall mention the probate of the will and, if a particular person being given the notice is a legatee or devisee named in the will, shall state that the person is named in the will as beneficiary. A copy of the will admitted to probate is not required to be given with the notice.
...
http://codes.ohio.gov/orc/2107.19
 
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