Probate Legal Fees Clarification

Summary

In Ohio, probate legal fees are generally paid from the estate, not by beneficiaries. If you believe the executor is acting unethically, you can petition the court to remove them. Always consult a probate attorney to clarify any agreements and address potential unethical practices.

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I have a question about a probate case
Sure, I'd be happy to help with your probate case inquiry. Could you please specify your question? Also, could you let me know which country and state you're in, as probate laws can vary by location?
I am in the United States and in Ohio
Hello Courtney, in Ohio, the probate process involves:
- Filing a petition with the probate court
- Notifying heirs under the Will or statutory heirs if no Will exists
- Petition to appoint Executor/ Administrator for the estate
- Inventory and appraisal of estate assets
- Payment of estate debt to rightful creditors
- Sale of estate assets
- Payment of estate taxes, if applicable
- Final distribution of assets to heirs.
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Hello Courtney, I'm here to assist you. Could you please clarify the specific issue you're facing with your probate case in Ohio?
Been 2 years nearly in this probate case for my mothers estate, my older brother who does not speak to me or my younger brother hardly even about the court case and didn’t talk to my mother for YEARS was for some reason granted executor of the estate, he knew the lawyer previously and I believe unethical and wrongful billing has been done in this case. I paid ALL of my mothers Medicaid debt to get her house as she said that’s what she wanted, I paid every bit of it, *,* my older brother every time he gets upset with me for questioning something still threatens to take back the house in which I just paid for. Also, for some reason has ME only paying for the lawyer fees which is *… I signed a paper about something about $* dollars with $* payments and they claim that is not a payment plan and never explained the paper at all.. neither one of them, he was in a hurry he said and just needed me to sign it the day it was signed . Trying to have me a beneficiary pay every bit of lawyer fees alone, from what I’ve read and talked to a police officer about is that lawyer fees are supposed to be paid directly out of the estate, and that it is unethical to ask a beneficiary to pay the lawyer fees let alone the entire thing, when there is the executor and * beneficiaries . They claim they need the money now or the house can’t be switched to my name … I just had a baby 3 days ago and been having several other health issues and for obvious reasons am not working at this current time. Also claim they don’t do payment plans, upon further investigation and my friend who is a police officer nothing about this case has seemed right also she had her car and I had the money for car and it got sold instead to someone at Andrew’s place of work.
It sounds like you're dealing with a difficult situation, Courtney. In Ohio:
- Executors are typically responsible for legal fees, which come out of the estate.
- If you believe the executor is acting unethically, you can petition the court to remove them.
- Any signed agreement should be clarified by a legal professional.
Consider consulting a probate attorney in your area who can help you navigate this.
Can a probate lawyer ask a beneficiary for lawyer fees
In Ohio, generally:
- Legal fees are usually paid from the estate, not by the beneficiaries.
- A lawyer can ask a beneficiary to pay fees, but it's not common and usually only if the beneficiary has agreed to it.
- Always consult with a legal professional before agreeing to pay such fees.