Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney licensed in Ohio for guidance on your specific situation.
Detailed Answer
When an estate administrator delays or refuses to distribute your inheritance, Ohio law provides clear methods to compel payment. Under the Ohio Revised Code, fiduciaries must act in good faith and in the beneficiaries’ best interests. If you face a delay, follow these steps:
1. Demand an Accounting
First, request an accounting of the estate’s assets, liabilities, and disbursements. Ohio Rev. Code §2109.02 grants beneficiaries the right to examine the administrator’s records. Send a written demand and allow 10 days for a response. If the administrator fails to comply, you may petition the probate court for a citation to enforce this right (R.C. 2109.02).
2. Petition for Citation to Compel Accounting
If the administrator ignores your request, file a motion under R.C. 2109.02(B) asking the court to issue a citation. The court may enforce record production and hold the administrator in contempt if they continue to withhold information.
3. Seek Court Intervention for Distribution
Once you review the accounting, you can ask the court to order distribution. Under R.C. 2113.02, after approval of the final account, the court must direct the administrator to pay each beneficiary’s share (R.C. 2113.02). If the administrator refuses, file a petition with the probate court requesting an order for distribution.
4. Consider Removal of the Administrator
If you suspect misconduct, Ohio Rev. Code §2107.50 allows removal of an executor or administrator for failing to settle an estate promptly or for other breaches of duty (R.C. 2107.50). After removal, the court will appoint a successor to complete the administration and distribute assets.
5. Enforce Judgment for Distribution
Once the court orders distribution, the administrator must comply. If they still refuse, you may seek contempt proceedings or enforce the order as a judgment under Ohio civil rules.
Helpful Hints
- Keep all correspondence in writing to create a clear record.
- Review the Ohio Probate Rules for deadlines and procedures.
- Attend probate hearings to stay informed about filings and rulings.
- Consider mediation to resolve disputes without litigation.
- Consult a probate attorney early to clarify your rights and obligations.