Legal Question in Wills and Trusts in Ohio
Death, Probate,Bank Account
My father in law died in ohio, he didn't have a will and the POA he had expired on his day of death. He cashed out his IRA and was waiting for his check but it has not come in mail. There is money in his bank account. What can i do to get this money to his 2 sons? He is unmarried.
2 Answers from Attorneys
Re: Death, Probate,Bank Account
You will need to open a probate administration in Ohio in the county where your father in law resided. If both sons are not Ohio residents you will need to consult with the probate court to determine if they can be appointed as administrator or if you will need a third party.
If the IRA was already cashed out it is probably an asset of the estate but I would consult with an Ohio attorney who can make that determination for you.
If the bank account was only in his name then you will need to have it probated as well.
This answer is intended as general legal information and does not create an attorney client relationship.
Re: Death, Probate,Bank Account
I am sorry for your family's loss.
It sounds likely that your father-in-law's estate will need to be probated, at least for the bank account and probably for the IRA proceeds since it was liquidated but the check has not been processed.
The Court will not appoint a non-resident Administrator, so it is likely you will need the assistance of an attorney.
Best of luck with your situation and you should consult an attorney with a ll the details as soon as possible.
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