Legal Question in Wills and Trusts in Ohio

Type Your Question Here...Is there any recourse for the family, siblings of the deceased, to undo the daughter of the deceased being assigned as the administrator of the estate? My niece was assigned by my brother to handle his affairs after his death. A different niece, the daughter of the deceased, came out of the blue and gained control over the estate. My brother was mentally ill, died of cancer, was estranged for years from his daughter and granddaughter. The daughter was informed that her father was dying, she didn't visit him before his death or provide any assistance during his decline, for years and up until his death. My other niece was doing everything while working a full time job for the City of Dayton, OH, and caring for her family. Can the assignment of his daughter as administrator of his estate be overturned?

Asked on 9/01/23, 1:37 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Please accept my condolences on the loss of your brother.

This is a very unfortunately situation and happens all the time. If your brother has a will, that controls who is awarded Letters to handle the estate. If he didn't have a will, the deceased's child is usually first in line to be appointed. If the niece qualified to be administrator, it's unlikely the judge is going to reverse that without very good reasons, and the fact that your family resents her stepping in will not be enough reason.

Once again, please accept my condolences on the loss of your brother.

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Answered on 9/25/23, 10:35 pm

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