What can I do about an uncooperative administrator?

UPDATED: Sep 29, 2022

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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


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

Answered 7 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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