Can a personal representative hire a probate attorney in Ohio?

It can be easy to make a mistake, which is why Ohio law authorizes a personal representative to hire a probate attorney to assist in the administration, and for the attorney’s fees to be paid out of estate funds, not the personal representative’s pocket.

What happens when a personal representative breaches their duty?

Heirs or beneficiaries may also file a civil suit against an executor for breach of duty. In addition to financial consequences, there are interpersonal consequences for a personal representative’s breach of duty, as well.

Which is a breach of a fiduciary duty?

This fiduciary duty means that the personal representative is bound to act in the best interests of the estate, even if those run counter to the personal representative’s own interests. Common breaches of the personal representative’s duty include: Using estate funds for the personal representative’s own benefit.

It can be easy to make a mistake, which is why Ohio law authorizes a personal representative to hire a probate attorney to assist in the administration, and for the attorney’s fees to be paid out of estate funds, not the personal representative’s pocket.

Heirs or beneficiaries may also file a civil suit against an executor for breach of duty. In addition to financial consequences, there are interpersonal consequences for a personal representative’s breach of duty, as well.

This fiduciary duty means that the personal representative is bound to act in the best interests of the estate, even if those run counter to the personal representative’s own interests. Common breaches of the personal representative’s duty include: Using estate funds for the personal representative’s own benefit.

Who are the best attorneys for power of attorney cases?

Working with a good attorney who really knows, and has handled, cases involving POA abuse and fiduciary duty breaches can make the difference between winning and losing. The experienced elder law and probate litigation attorneys at Barron, Rosenberg, Mayoras & Mayoras, P.C. are there to help you.