Legal Question in Wills and Trusts in Ohio
My dad recently passed away and left my brother as executor of his estate. If his home is sold, I'm entitled to 1/4% of the profits. That really doesn't matter.. now the will states "In the event that the above named executor shall, for any reason, fail to qualify, or having qualified, fail to complete the administration of my estate, I nominate and appoint my daughter, (me), instead and give said executor all rights, powers and immunities set forth in the will" ect..
My question is how difficult would it be for me to get appointed as executor? What would my case against my brother need to be?
The problem stands that my dad didn't have a chance to change his will, as he died very quickly, but told everyone including my brother and close friends what he wanted done with his estate and my brother is more or less hanging his "power" over the heads of everyone else.
I understand that I may need the help of a Probate Attorney, how much would this whole process cost?
1 Answer from Attorneys
To have your brother disqualified you would need to bring an action in the probate court to show that he is not performing his duties as executor. Common grounds would include not filing the inventory or account on time or using estate assets for his own benefit.
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