Legal Question in Wills and Trusts in Ohio
cival suit from another state
My father died without a will or an estate. His children live in Ct. because his residence and where he died in the state of Ohio we need to get a lawyer from there and reopen his estate. His children are presently in a cival suit against his former work place when he lived in CT. His death was a rare cancer in the brain. There are over 72 cases relating to this from his former work place. What is the Ohio statue regarding is non existing estate and who is entiled to settlement that might be received. He was divorced and only had three children and his mother who is still alive. Are any of his siblings entiled to anything. And why would we have to appoint an attorney from the state of Ohio.
3 Answers from Attorneys
Re: cival suit from another state
As I understand your request for information, your father lived in Ohio at the time of his death. This being the case, it is necessary that his estate be probated in the county of his residence on the date of death. It does not matter if he owned any property at the time of his death or not; his estate must be probated. The probate court will appoint an administrator for the estate. The appointment of the administrator is the important thing in so far as the Ct. lawsuit is concerned. The estate of your father, by and through the administrator, will be names as a Plaintiff in the Ct. lawsuit. In effect the administrator will act and make decisions in the place of your father, as if your father were alive and acting for himself.
Please contact my office at your earliest convenience. I will be happy to discuss this matter with you in greater detail. I handle probate matters, and would be happy to assist.
David Weilbacher
216.241.2500
Re: cival suit from another state
Please contact my partner, Joseph Balmer. He will discuss this with you. What part of Ohio Did your father live? He can discuss the ramifications in detail since this is a very fact specific issue.
Joseph Balmer
Holzfaster, Cecil, McKnight & Mues
1105 Wilmington Ave
Dayton, Oh 45420
937 293-2141
Re: civil suit from another state
You should try to find an attorney in the county of your father's residence to open up a probate estate (or in a near-by county). I could not tell from your facts whether the children are filing the suit for damages they suffered or whether your father had started the suit prior to his death. Any proceeds that your father may be entitled to as a result of the lawsuit will become a probate asset of his estate, where he resided. That is why you need to open his estate in Ohio. An attorney can assist you with the paperwork. Since your father did not have a will, an administrator will have to be appointed and pay bond if your father had any assets. Under Ohio law, your father's children would be his beneficiaries. Your father's mother or his siblings (your aunts and uncles) are not beneficiaries since there are living children. Ohio Revised Code 2105.06 is the code for those dying without a will. Email me if you have further questions.
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