Executor Has Right To Defend Will Contest on Estate's Behalf

Nolan v. Hinzey, 7th Dist. Case Nos. 15 BE 0047, 0048, 2016-Ohio-4657. R.C. § 2107.75 provides an executor with the right to defend a will contest on behalf of the Estate's beneficiaries. In this case, the party challenging the will moved for default judgment against the beneficiaries who had failed to answer the complaint. The executor, however, had filed an answer on the estate's behalf. While the answer did not explicitly state that the executor was representing the beneficiaries pursuant to the will, the answer's wording indicated the executor was defending the beneficiaries. Because an answer was filed on the beneficiaries' behalves, the trial court's granting of default judgment against the beneficiaries was determined to be an error.