What can I do about an uncooperative administrator?

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What can I do about an uncooperative administrator?

I was living with my father when he passed away with out a Will. my brother pressured be to sign paper to make him administrator. I have asked him to keep me informed and he keeps going behind my back with my sister to keep me uninformed. Now he is trying to evict me from the house where I lived with my father until he passed. I don’t know what I can do?

Asked on August 13, 2015 under Estate Planning, Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Sorry to hear about your father.

You can file a petition with the probate court to have your brother removed as executor (administrator) for breach of  the fiduciary duty of good faith and fair dealing.  Your petition should also ask the court to appoint a successor as executor.

Since your father died intestate (without a Will), the rules of intestate succession determine inheritance.

Under intestate succession, if your father had a surviving spouse, she would inherit his entire estate.  If there isn't a surviving spouse, the children inherit equal shares of your father's estate.  If there are any deceased children, who had children (your father's grandchildren) would inherit the share of the estate their deceased parent would have inherited had the deceased parent survived.


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