Suing the Named Executor Too Quickly

An Ohio appellate court case shows the importance of fully investigating a named executor’s alleged misdoing before deciding to file a lawsuit.  In Work v. Work, 9th Dist. Lorain, No. 17CA011228, 2018-Ohio-3104, the plaintiff-beneficiary sued both his aunt and his deceased father’s ex-wife for interference with expectancy of an inheritance from his father’s estate.  The plaintiff alleged that (1) his aunt failed to probate the decedent’s estate and distribute his share of the estate, and (2) his father’s ex-wife failed to turn over all assets belonging to the decedent.  Ohio’s Ninth District Court of Appeals affirmed summary judgment against the plaintiff-beneficiary on his claims. The decedent had named the aunt as executrix in his will.  Plaintiff claimed that his aunt committed an intentional tort by failing to probate the estate and give him his share of the estate.  However, the aunt presented evidence that she…

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