Legal Question in Wills and Trusts in Ohio

Executor elected to take no fee but appointed himself as caretaker, gardener, and landscaper and paid himself equivalent to percentage awarded to Executor. Is this legal? Also, money was available to Executor to keep car payment current which would be later signed over to surviving brother. Executor failed to pay and thus car was repossessed. Is this malfeance and/or legal?


Asked on 5/10/11, 3:24 pm

1 Answer from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

You've got two separate issues here. It's not clear why the executor did not want the fee and went to all the trouble to make up the fee through services, if the executor did that. The fee is statutory and perfectly fine with the court. If the executor failed to makes payments on the car which was part of the estate, that issue that can be contested by the beneficiaries to seek restitution.

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Answered on 5/13/11, 8:59 am


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