When someone dies, the executor takes charge of their estate. But what happens in Ohio when the chosen executor fails to do this vital job? This issue affects many families and can delay the settlement of estates across the state.
What makes an executor fail their duties?
An executor must handle many tasks after someone dies. They need to:
- File court papers on time
- Pay estate bills and taxes
- Deal with the deceased person’s property
- Give assets to the right people
- Keep good records
- Talk to beneficiaries and the court
When executors don’t do these jobs, the whole process stops. This leaves families stuck and unable to move forward.
Legal steps you can take
Ohio law offers clear solutions when executors don’t do their job:
- Ask the court to remove them: You can file papers to eliminate a bad executor. The court will hold a hearing to look at the evidence.
- Get a new executor: After removing the old one, the court picks someone new. This might be another person named in the will or someone the court chooses.
- Hold them responsible: Bad executors might have to:
-
- Pay the money back to the estate
- Cover legal costs
- Face charges if they stole money
- Fix problems they caused
- Meet with the judge: You can ask for a court date to discuss the problems. Ohio wants estates finished within six months, so courts take these issues seriously.
If you see an executor failing their duties:
- Write down what they’re not doing.
- Keep copies of all papers.
- Tell the court about problems right away.
- Stay in touch with everyone involved.
These problems need quick action to protect the estate. A probate lawyer can guide you through the court process and help fix issues caused by a failing executor. They know Ohio’s rules and can make sure everything gets done right.
