A recent case from the Ohio Eleventh District Court of Appeals serves as a reminder that the fiduciary duties of administrators & executors can often conflict with the desires of a beneficiary.  In In re Estate of Barry, the administrator, who was also a beneficiary, used estate funds for necessary repairs to the estate's real property.  The case arose, however, because the administrator had already agreed to purchase the real property "as-is" from the estate - before the repairs were made. 
It is important to remember that administrators and executors have a fiduciary duty to the estate, regardless of whether or not they are also a beneficiary.  

In re Estate of Barry:  http://www.supremecourt.ohio.gov/rod/docs/pdf/11/2015/2015-Ohio-1203.pdf


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    Attorney Matthew T. Fitzsimmons is based in Cincinnati, Ohio.  He practices in general civil matters, estate planning, and business agreements.


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