Legal Question in Wills and Trusts in Ohio
My brother passed away this week. He left no will and his live-in whom has had a stroke is his beneficiary. He has two estranged daughters one living in a re-hab home and the other living in the same state but different towns.
What does the daughter need to do? The funeral home won't do anything because the policy is not in her name and the live-in isn't capable?
1 Answer from Attorneys
It depends on what his assets are and how they are titled. It sounds like there is some life insurance of which his "live-in" is the beneficiay. If she is incompetent but is incapable of handling this, she can grant someone power of attorney to act for her. If she is not competent, then someone needs to get a guardianship of her estate and/or person to take care of it. If your brother has other assets, then depending how they are titled, those assets may need to be probated in the county in which he resided. If you would like further information or would like me to more accurately answer your questions, I can be contacted at: http://www.socrateslegal.com.
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