Cleveland Attorneys For Defending And Pursuing Claims Against Executors And Trustees

Those named the executor of a will or the trustee of a trust are called fiduciaries. They have a legal responsibility to protect the money and property in the trust or estate. They must act in accordance with the law and with the wishes of the person who made the will or established the trust.

Fiduciaries are often at the center of legal disputes brought by heirs or others. The lawyers at Russo, Rosalina & Co., LPA, defend fiduciaries against these attacks. We also represent heirs, creditors and other parties who believe fiduciaries are mismanaging an estate or concealing assets.

If you are a fiduciary who is being sued by an heir, we can defend you against allegations of concealment of assets, breach of fiduciary duty and other claims.

Experienced In Estate Litigation

We have years of experience in complex estate litigation claims that focus on the work of the fiduciary. Heirs may want to replace a fiduciary based on claims that the trustee or executor is mismanaging funds, not performing the required duties or failing to address issues in a timely manner. The greater the amount of money in the trust or estate, the more important it is to be certain that the fiduciary is managing it appropriately.

The types of issues that can cause heirs to take legal action against a fiduciary include:

• Lack of access to the fiduciary
• Not getting answers from the fiduciary
• Not getting copies of inventories or accounts that were filed
• Not receiving an expected distribution
• Not receiving expected correspondence or reports

If you are concerned that a trustee or fiduciary is not fulfilling his or her duties properly, our law firm can investigate the case and determine whether there may be grounds for legal action. We will check the probate court docket to see whether filings have been made in a timely fashion. If not, we will bring a claim against the fiduciary or take other appropriate legal action.

What Evidence Is Needed To Claim Estate Mismanagement In Ohio?

Collecting the right evidence strengthens your case and increases the likelihood that the Probate Court will act to correct any wrongdoing.

The following types of evidence are commonly needed to support a claim:

• Financial records and account statements: Documentation showing expenditures, deposits and distributions that may indicate mismanagement or improper use of estate funds.
• Correspondence and communications: Emails, letters or notes between the executor/trustee and beneficiaries that show negligence, conflict or failure to inform.
• Inventory and appraisal reports: Official listings of estate assets and valuations to verify that property was accounted for correctly.
• Court filings and receipts: Copies of probate filings, receipts or invoices demonstrating irregularities or missing documentation.

With the help of an experienced Ohio estate litigation attorney, you can organize this information effectively, improving your chances of holding an executor or trustee accountable for mismanagement.

How Can You Remove An Executor Or Trustee In Ohio?

Before taking action to remove an executor or trustee, it is crucial to know the statutory grounds recognized by Ohio Probate Courts.

Not all disagreements with an estate representative justify removal, so understanding the legal basis for removal helps ensure your petition is valid and enforceable. Ohio law allows for the removal of a fiduciary if one or more of the following conditions are met:

• Breach of fiduciary duty: Misappropriation of funds, conflicts of interest or failure to act in the best interest of the estate.
• Incapacity or unfitness: Physical, mental or emotional incapacity that prevents the executor or trustee from fulfilling duties.
• Neglect or refusal to perform duties: Consistent failure to provide accountings, manage assets or communicate with beneficiaries.
• Misconduct or fraud: Any illegal or dishonest actions that compromise the estate or its administration.

Once grounds are established, an Ohio estate attorney can guide you through filing a formal petition for removal in Probate Court.

Can A Fiduciary Be Held Personally Liable For Financial Losses In Ohio?

Ohio law holds fiduciaries accountable for breaches of their legal duties, meaning they may be required to repay the estate from their personal assets. A fiduciary can be held personally liable if:

• Unauthorized transactions: Using estate funds for personal gain without court approval.
• Negligent management: Failing to safeguard assets, leading to preventable losses.
• Fraud or intentional misconduct: Knowingly engaging in acts that harm the estate or beneficiaries.

Personal liability helps ensure that trustees and executors cannot escape responsibility for financial harm.

Schedule A Consultation To Discuss Your Fiduciary Claim

To discuss your concerns about claims involving fiduciaries, please contact the estate litigation attorneys at Russo, Rosalina & Co., LPA. With offices in Parma (440-847-8289) and Mayfield Heights (440-663-1535), we represent clients in the Cleveland area and throughout northeast Ohio.