Legal Question in Wills and Trusts in Ohio

When do we have to move(executor trying to make us move.

Our mom passed in 11/06. My brother is executor. He has told us that we have until April 1st to move out of the house. We both lived in Mom's house my sister for 14 years, and I have lived here for5. I moved here from out of state to take care of my mom because of illness.(my sister is disabled . The will states that all

property is to be divided share and share alike. He had the property appraised before the will was ever probated, and we have never seen a copy of the appraisal or notified that the will was probated. He has also entered the house and has taken personal things of our mother. and sold them on Ebay. Nothing in the house has been appraised and he said he didn't have to do that.

Does he have the right to enter the home where we live and dispose of our personal property?

My sister and I care for our Mother 24/7 for a year and a half.

All we asked was to be given enough time to find places to stay, and to be able to dispose of some of our personal property.

Is ther any way we can stop the auction of the property so we can have time to do these things?

We asked for it to be June or July and at 1 point he agreed with

Asked on 1/30/07, 2:26 pm

1 Answer from Attorneys

James Flaherty James G. Flaherty Co., L.P.A.

Re: When do we have to move(executor trying to make us move.

There is no right by statute for you to live in the house. Only a spouse has a one year right. The Will and the appraisal will be available at the county probate court where your mother resided if a probate estate has been opened. The Executor has the authority to dispose of personal property according to the will. It would be courteous of the Executor to ask if you want to take personal property in-kind. He should not be touching your individual personal property, just that of what was your mother's. You have 6 months to file a claim with the Executor against the estate for your time and expenses of taking care of your mother if you feel that is appropriate. You should probably contact an attorney to contact your brother to try to work some of these items out if you are uncomfortable doing it with your brother.

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Answered on 2/05/07, 2:02 pm

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