Will Dispute In Ohio

Summary

In Ohio, the executor must follow the wills instructions. Ignoring the wills intent could lead to legal implications. However, its not necessarily fraud. If your brother lives in the house without buying out your share, it could be deemed unauthorized use of estate property. You may file a lawsuit to enforce the wills terms. An executor has a duty to preserve the estates assets, which includes the house. If the will did not specifically allow him to live there, he could be violating his duties. He may be required to pay rent to the estate. Consult a probate lawyer for specifics on your case.

Full Conversation

I have a question about a will
Hi ****, I'd be glad to help. Could you be more specific about your question? Also, can you tell me which country/state you're in, as laws regarding wills can vary depending on your location.
Ohio
Hello ****, thank you for providing your location. Could you please specify your question about the will? Are you interested in creating one, contesting one or do you have another issue related to a will?
When my mother made her will she said I was to use my share of the estate to buy a home and my brother was to use his share for travel. My brother decided he wanted to live in the house instead of selling it but does not want to buy out my share. Is it fraud to ignore the intent of the will which was to sell the house
In Ohio, the executor must follow the will's instructions. Ignoring the will's intent could lead to legal implications. However, it's not necessarily fraud. Here are a few points:
- If your brother lives in the house without buying out your share, it could be deemed unauthorized use of estate property.
- You may file a lawsuit to enforce the will's terms.
- Consult with a probate attorney for specific advice.
Is he allowed to live there if he is the executor
In Ohio, an executor has a duty to preserve the estate's assets, which includes the house. However:
- If the will did not specifically allow him to live there, he could be violating his duties.
- He may be required to pay rent to the estate.
- Consult a probate lawyer for specifics on your case.
Thank you
You're welcome, ****! If you have any more questions or need further clarification, feel free to ask. Don't hesitate to consult a probate lawyer to ensure your rights are protected.