Legal Question in Wills and Trusts in Ohio

My brother died April 2008. He died without will or insurance. I was deemed caretaker of the situation by the family. I filed his 2008 taxes. I addressed all concerns and communication with accounts and debts. I closed his small business. But, there is no 'official' paperwork saying I am the executor.

He is now receiving return of a retainer. How do we get that released to us? If it is put in his name or 'the estate of..." we cannot cash it.

If they follow chain of inheritance set by Ohio law his son is the receiver but he is a minor so who would need to handle the monies?


Asked on 11/10/09, 1:49 pm

1 Answer from Attorneys
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

Depending on the size of the retainer you may be able to use a release of adminstration (if less than $35,000,00) procedure.

If you need to open an estate and all the family members that would be entitled to serve as administrator such as the guardian of his son waive you be able to be appointed administrator.

If his son is entitled to the money then you may need a probate court guardianship set up so that the money can be received by his son.

You should speak with a probate attorney for more specific information.

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Answered on 11/15/09, 2:12 pm


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