Legal Question in Wills and Trusts in Ohio
I am in Dayton, OH, dealing with my estranged husband's death. Our 13 year old son is scheduled for major surgery on 12/7/09 in Wichita, KS. So I am pressed for time.
My husband's sister tells me that he changed his beneficiary to her. And anything I sell (to pay for his funeral and support his son) must be split 4 ways (between his other 3 adult sons).
Since I was living off his child support and with my sister, I do not have large amounts of money. Is there a fast and cheap way to handle this, or must I hire an attorney to get this settled? If I have to hire an attorney is there anyone in the Dayton area who could handle it for me, keeping in mind my income.
1 Answer from Attorneys
The answer to your question depends on the type of assets he owned and how they were titled. Anything that was in his name alone would be subject to probate and if he did not have a will woudl be divided between his 4 children. Your son may be able to receive a support allowance from the probate assets. Someone will need to be appointed administrator by the probate court to sell or transfer probate assets.
Any assets that had a beneficiary designation or were joint or payable on death will be handled outside of probate and will follow the beneficiary designation or the ownership (joint assets will pass to the survivor).
I woudl suggest that you consult with an attorney so that you can get things handled correctly and efficiently. Any attorney fees involved in the handling of the estate would be paid from estate assets and therefore would be paid before distribution are made to the sons.
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