The fiduciary is serving on behalf of the beneficiaries of the estate. One of the areas of my practice that I receive the most questions in involves probate estates with real estate involved. I get people who call and are upset that someone has died and locks have been changed. Or a repair is being made that they should have been made aware of. I remind people that an executor has a duty to make necessary repairs to protect the assets of an estate. Executors have obligations to pay taxes and assessments and update insurance policies.

We work to assist fiduciaries (executors/administrators) to ensure that they are honoring their fiduciary duties by protecting the estate’s assets. While it may be upsetting that an executor changed the locks, their attorney should advise them to protect and preserve estate assets including real property.

We have talked through full administration probate estates in Ohio. We have spoken about fiduciaries in previous videos. There are two types of fiduciaries which are dictated by whether there was a will or no will left by the decedent.

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