Father died. left my brother as executor and he also had p.o.a. dads lawyer says no reading of will up to brother to decide

Asked about 1 year ago - Mansfield, OH

what to do with assets

Attorney answers (3)

  1. William Joseph Reynolds

    Contributor Level 13

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    Answered . He doesn't have to have a formal reading of the will but he has to file it in probate and you must be notified. You then may see the will because it is public record. I don't know about your county but here, you can pull it up online. I'm sorry for your loss and good luck to you. By the way, the POA isn't worth anything since your father has died. The POA dies with the person.

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  2. Celia R Reed

    Contributor Level 20

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    Answered . There may not be an official reading, but if there is a valid will, your brother will have to open probate and give you notice of the proceedings. If you do not receive a copy of the will with the notice, you can view it at the court where the probate is filed. If things do not seem right to you, consult with your own probate attorney.

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  3. James P. Frederick

    Contributor Level 20

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    Answered . I agree with my colleagues. I would simply add that normally, it would not be "up to your brother to decide what to do with the assets." He is obligated to follow the distribution plan set forth in the Will. Sometimes, discretion is given with regard to the personal items and household effects. That may be what the lawyer is suggesting to you. Once probate is open, you should receive a copy of the Will and an inventory of estate assets, fairly quickly. If this does not happen within a short time period, I would contact a lawyer to discuss this situation in more detail.

    James Frederick

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