When a loved one passes away, the person named as the executor of their estate has a legal duty to manage and distribute assets according to the will and Ohio probate law. Unfortunately, not all executors handle that responsibility properly — and in some cases, their actions may cross the line into criminal behavior. But how can you tell the difference between executor misconduct and outright estate fraud?

Understanding the distinction is crucial if you’re a beneficiary, heir, or family member who suspects something is wrong with how an estate is being handled. This blog will break down the key differences between executor misconduct and estate fraud, signs to watch for, and what legal remedies are available in Ohio.

What Is Executor Misconduct?

Executor misconduct refers to behavior by the executor (also called a personal representative) that violates their legal or ethical responsibilities in administering the estate. In Ohio, an executor is considered a fiduciary, meaning they must act in the best interest of the estate and its beneficiaries.

Common forms of executor misconduct include:

• Failing to communicate with beneficiaries or withholding important updates
• Delaying administration without cause
• Neglecting to inventory or appraise assets
• Mismanaging property, such as allowing real estate to fall into disrepair
• Favoring one beneficiary over another without legal authority

Executor misconduct is often a result of inexperience, neglect, or poor judgment — not necessarily criminal intent. Still, it can cause serious financial harm to beneficiaries and may warrant court intervention.

What Is Estate Fraud?

Estate fraud, on the other hand, involves intentional deception for personal gain. It goes beyond negligence or incompetence and enters the realm of criminal activity. Estate fraud can be committed by the executor, a beneficiary, a caregiver, or any third party involved with the estate.

Examples of estate fraud in Ohio include:

• Forging a will or signature
• Falsifying documents to change asset ownership
• Stealing money or property from the estate
• Misrepresenting the decedent’s wishes to divert assets
• Undue influence over the decedent while they were vulnerable

Unlike executor misconduct, estate fraud typically requires a deliberate act of dishonesty. It may result in civil liability, criminal charges, or both — and recovering stolen or misappropriated assets can be far more difficult without prompt legal action.

How to Spot the Warning Signs

Whether you're dealing with executor misconduct or estate fraud, the warning signs can often look similar. Pay close attention to these red flags:

• Sudden or unexplained changes to a will or trust
• Significant delays in communication or asset distribution
• Missing or unaccounted-for property
• Incomplete or inaccurate inventories filed with the probate court
• Checks written from estate accounts for unknown expenses
• Gifts or transfers made to the executor or their close associates

If you're noticing any of these issues, it’s time to speak with a probate attorney. Even if the misconduct isn’t criminal, the executor may need to be removed or legally compelled to act properly.

Legal Remedies for Executor Misconduct in Ohio

If an executor is mismanaging the estate or failing to fulfill their duties, beneficiaries can petition the probate court to take action. Options may include:

• Requesting a formal accounting of the estate’s finances
• Filing a motion to remove the executor for breach of fiduciary duty
• Seeking a court order to compel specific actions or distributions
• Pursuing a civil lawsuit for financial losses caused by negligence

The court will typically give the executor a chance to correct the problem, but if the behavior continues or causes harm, they can be replaced and even held personally liable for damages.

Legal Consequences of Estate Fraud in Ohio

Estate fraud is far more serious and can carry both civil and criminal penalties. Victims of estate fraud may pursue:

• A civil lawsuit to recover stolen assets or property
• Probate litigation to contest a fraudulent will or trust
• Criminal charges such as theft, forgery, or fraud under Ohio Revised Code

Convictions can lead to restitution, fines, and even prison time. If you suspect that fraud has occurred, it’s important to act quickly. Evidence may disappear, and the longer you wait, the harder it can be to reverse fraudulent transfers or challenge a falsified will.

Can You Prevent Executor Misconduct or Fraud?

While you can’t prevent every bad actor, there are ways to reduce the risk of fraud or misconduct during the estate planning process:

• Choose an executor or trustee with a strong reputation for integrity
• Use a qualified estate planning attorney to draft and review documents
• Communicate your wishes clearly with family members and document your decisions
• Set up checks and balances, such as requiring co-executors or third-party oversight

Proper planning can help ensure your wishes are honored and protect your heirs from unnecessary disputes.

Contact Law Offices of Daniel McGowan for Legal Representation

If you believe an executor is mishandling an estate — or worse, committing fraud — you don’t have to deal with it alone. At the Law Offices of Daniel McGowan, we help families across Cleveland protect their inheritance and hold wrongdoers accountable. Whether it’s a case of negligence, mismanagement, or outright theft, we’ll take swift legal action to preserve your rights and pursue justice.

Contact us today for a confidential consultation and let us help you sort out the truth, stop the misconduct, and restore what’s rightfully yours.