When there are questions about the ability of an executor

On Behalf of | Sep 30, 2016 | Probate Litigation

The title of executor sounds impressive. It’s more than an honorary moniker, however. If you’ve been asked to be the executor of a loved one’s Ohio estate, or find yourself surprised at having been named as such, you might want to think twice about saying yes.

At the same time, if you are an heir who believes that you have been denied your rightful inheritance or that your loved one is at risk because someone granted power of attorney is not up to the job, you may have a right to raise questions. To get answers and determine what action might be appropriate, consulting an attorney is always recommended.

One factor that it may be important for everyone to understand is that the role of executor can be challenging. Before launching any kind of action, consider the following.

  • It can be difficult to be executor. Most of us are busy as it is. When someone takes on the responsibility of executor, they may face a significant administrative burden that could last years. They may only find out, too late, that they don’t have the time or skill to do the job right.
  • Who might you be dealing with? Typically, there is only one executor. More thoughtful planners might name two. That provides for some checks and balances. It could also create some tension that could have long-term effects if stoked.
  • Is it worth the cost? The right of an heir to raise a claim exists, but it might be worth asking whether pursuing the issue is worth the expense. In addition to the financial component there could require the spending of emotional capital that could have long-lasting effects.

Regardless of what side of the fence you may be on in such a situation, it’s important to understand your rights and your potential responsibilities. Working with a skilled lawyer can help achieve optimal outcomes.


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