Legal Question in Wills and Trusts in Ohio

My brother is the exuctor of my fathers estate. My father divided it between myself and my brother. The estate has paid for the funeral and repairs to the house plus 2 heirs that were left 1,000 a piece. I tried to reason with my brother that the cash left over in my dads checking that we should leave 1 years worth of house operating expense money there and we should divide the rest equally. I only needed 500 dollars to fix my truck and I am entitled to over 19,000 dollars out of that account. I was told I have to wait until the house is sold but I see no provision in the trust or will that spells that out. Am I wrong? I really think I am being fair but maybe not.


Asked on 9/05/09, 10:58 am

2 Answers from Attorneys

Dan Guinn Guinn Law Firm, LLC

Generally the money is split once the estate is closed. What is the reason given for wanting to wait to split up the money? I don't see why you cannot get the money now or just a portion of it.

Feel free to contact me, free of charge, at danguinn@theguinnlawfirm.com or at 330-447-7634. I am happy to help in any way that I can.

Thank you and I look forward to hearing from you.

Dan Guinn

www.theguinnlawfirm.com

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Answered on 9/06/09, 2:09 pm
Christine Socrates Christine Sabio Socrates, Attorney at Law

I agree with the previous attorney. The Executor may make a partial distribution at his discretion.

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Answered on 9/08/09, 12:31 pm


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