Legal Question in Wills and Trusts in Ohio
Deceased Administrators
My husband died. His mother died a few years before he did. My husband was the executor of his mother's estate. She has a money market account with money that is to be distributed to three heirs, one of which was my husband. The name on the money market bank account reads : Estate of (my husband's mother), Xxxxxxx(my husband)Administrator. His mother's estate was probated and is closed. The only thing that was left to do was for my husband to obtain counter checks from the bank, fill them out, sign them, and mail them to the heirs, then keep any remaining funds as his own inheritance. As my husband's widow, I want to send my husband's mother's money to the designated heirs. I also want to receive what was due my husband into his own estate since he is now dead. Who may sign the checks drawn on the bank account now that the executor of that account is dead? I do not want to have to open his mother's estate again. I am not the executor of my husband's estate. His best friend is. I can be named the executor if necessary. Thank you. (My husband's estate is currently in probate -- no will.) (My husband's mother had a will and a trust.)
1 Answer from Attorneys
Re: Deceased Administrators
Unfortunately, you may have to open you mother in laws estate. However, depending on the terms of the trust, it may be able to be done through the trust. I would suggest consulting local counsel for a specific answer.
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