Legal Question in Wills and Trusts in Ohio

My grandma died over 7 years ago, her estate included 4 properties. My uncle has refused to accept offers on two of them. He has now been using the commercial property for his own personal business and I want to know my legal rights since my siblings and I each inherited 12.5% of her estate (50% total since my father passed before she was killed). This is just the cusp of the problems we have had with my uncle. The other property he has refused offers on is a rental property with 3 units that are all full. We have never been allowed to see what is happening with that rental money or how he is handling that property either. Plus he has refused to allow my sister and I to have any access to my grandmother's jewelry that she had asserted would be ours (but it wasn't in her will), but his sons were given all the furniture without a second thought.


Asked on 5/04/13, 11:11 am

1 Answer from Attorneys

Barry Zimmer Zimmer Law Firm

The question does not include enough facts to give an informed answer. A review of the will would be necessary, as well as review of any trust your grandmother left, to see exactly what the document(s) say. Many more facts would be needed.

If your uncle is the estate fiduciary, it may be improper for him to use the commercial property for his own use. That may constitute self-dealing, and a conflict of interest with respect to the rejected offers or breach of his fiduciary duties. Whether your grandmother left her estate under a will or a trust or a trust created under her will, the heirs have certain rights of disclosure.

If you don't already have a trusts and estates lawyer representing you, it would be prudent to consult one immediately. Your situation sounds complex, and far too involved to address in this forum and manner.

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Answered on 5/05/13, 8:18 am


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