Cleveland Executors and Trustees Attorney
When it comes to settling an estate, a number of people will have significant power and influence over the process and, ultimately, the outcome. These include:
Executor: Is the person who will be in charge of the estate during the probate process. A decedent typically chooses this person as part of their Last Will and Testament, or in other estate-planning documents. If no person has been chosen, the court will appoint someone, usually from among a decedent’s closest relatives. This person will be called an administrator or personal representative. An executor can also be a beneficiary or heir, which can complicate matters when it comes to self-dealing and/or acting in the best interest of an estate. Unlike many states, Ohio does not bar someone with a criminal record from serving. However, they must be bonded and insured, which means they will need to have a solid credit rating.
Administrator: Also called a personal representative. This person fulfills the same role as an executor, except he or she is appointed by the court in cases where a preferred executor has not been identified by a decedent.
Trustee: A trustee is the person identified as being in charge of a trust. Many trusts, including Revocable Living Trusts, allow a decedent to be the trustee during his or her lifetime. Generally, a successor trustee is named as part of the trust documents. Like an administrator or executor, this person will be in charge of distributing assets in accordance with trust documents. However, trust distribution typically occurs outside the probate court process, which means a trustee is granted more autonomy and will often be acting without court supervision.
Guardian: A guardian is appointed to handle the affairs of a person who is incapacitated or has been determined to be incompetent.
Conservator: This is a voluntary guardian named by a person to handle his or her affairs while they are still alive.
Each of these positions has significant authority when it comes to managing the assets and affairs of a loved one. Serious issues can arise at any point in the process, but particularly in cases where family members disagree with a chosen or appointed representative. Particularly problematic are cases where someone acted as a guardian or conservator while a decedent was alive, and then takes on an administrative role in settling an estate.
Disagreements Involving Executors and Trustees
In cases where there are significant disagreements about who is appointed to such roles, the time to consult with an experienced probate lawyer in Cleveland is before such decisions are made.
Ohio’s probate court process is designed to be streamlined and to settle estates in a timely fashion (usually six months). Seeking legal help as early as possible is the best course of action when it comes to protecting your rights.
Likewise, executors, administrators, and trustees of estates where there is significant disagreement should also consult with an experienced Cleveland probate attorney. These positions can leave you financially liable for errors or mistakes, and attorney fees are typically paid for out of the estate when help is sought in advance to avoid such issues.
Too often, family members believe hiring a probate attorney will make matters even more contentious. On the contrary, experienced probate lawyers know how to take the emotion out of the process and are experienced professionals when it comes to resolving differences. In many cases, family members and heirs can respect resolutions and agreements presided over by an attorney in ways that they cannot when it comes to dealing with a sibling or other family member who has been temporarily placed in a position of authority. Ultimately, this can result in settling an estate in a more timely fashion, with fewer disagreements, in a way that preserves long-term relationships among family members.
Daniel McGowan represents clients in probate and estate matters throughout the Cleveland area, including Lakewood, Rocky River, Fairview Park, Shaker Heights, Cleveland Heights, South Euclid, East Cleveland, Linndale, Brooklyn, Parma, and Brook Park. Newburgh Heights, Cuyahoga Heights, Brooklyn Heights, Warrensville Heights, Maple Heights, Garfield Heights, Bratenahl, and Euclid.
Call (216) 616-7592 today for a confidential consultation.
Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 216-616-7592 today!
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Why should we hire a probate attorney for executor and trustee disagreements?Hiring a probate attorney for resolving executor and trustee disagreements is beneficial because they offer expert guidance and mediation. An attorney in Cleveland can help navigate complex probate laws, protect your rights, and ensure that the estate is administered efficiently and fairly. Reach out to the Law Offices of Daniel McGowan, LLC for professional assistance.
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Can an executor or trustee be held personally responsible for debts the estate cannot pay?In general, executors and trustees are not personally liable for valid debts of the estate unless they misuse assets or violate fiduciary duties. However, if they distribute assets prematurely, mismanage funds, or breach their responsibilities, courts may surcharge them personally. Legal action can include requiring the fiduciary to reimburse the estate or restore lost value. Seeking legal guidance early helps determine whether fiduciary actions crossed legal boundaries and how to proceed. Beneficiaries have standing to petition the court for accountability and restitution. Courthouse oversight plays a key role in upholding fiduciary obligations and protecting estate interests.
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Can a court order compensation if an executor spends an inordinate amount of time on estate administration?Yes—Ohio probate courts can review executor’s fees when administration drags on excessively or the tasks performed don’t justify the compensation. Executors are entitled to reasonable fees, but prolonged handling without commensurate benefit to the estate may trigger court review. Beneficiaries can request fee reduction or reallocation, and the court can adjust payment accordingly. Legal counsel can help assess whether fees align with local standards and workload. Such reviews promote prudent and efficient estate settlement. Ultimately, the goal is to ensure fair compensation and timely resolution for all involved.
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What happens if an executor/administrator fails to insure estate property during probate?If an executor neglects to secure appropriate insurance on estate property—such as homes, vehicles, or valuable items—they risk exposing the estate to loss or liability. Ohio law expects fiduciaries to safeguard estate assets, and failure to do so could result in personal liability or removal from the role. Beneficiaries can seek court intervention to compel insurance coverage or replace the negligent representative. An estate lawyer can assist by petitioning the probate court for corrective action. Promptly addressing the issue helps protect the estate’s value and prevents claims or damage. Courts typically favor proactive asset protection as part of responsible administration.
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What are the consequences of not resolving disputes between executors and trustees in Cleveland?Failing to resolve disputes between executors and trustees in Cleveland can lead to prolonged probate processes, increased legal costs, and potential financial losses for the estate. It may also result in strained family relationships. Seeking legal assistance early can help mitigate these risks and ensure a smoother administration process.
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How can we address a disagreement with a trustee in Ohio?Addressing a disagreement with a trustee in Ohio involves understanding your rights and the trustee's obligations. Consulting with a probate attorney in Cleveland can provide clarity and mediate the dispute. This approach helps in ensuring that the trust is administered according to its terms and beneficiaries' interests are protected.