Legal Question in Wills and Trusts in Ohio

deceased brother with lots of debt

My brother passed away in Cincinnati OHIO , me and my sister are the sole people left behind, we checked and there is no will, we were going to hire a probate attotney but after going through his papers, we found out the only asset he has a house that IRS and debtor have many lein on it that goes above the value of the house. My question is, do we still have to hire a probate lawyer and pay him as it is our responsibility? or we can just let it go and what will happen? We assume the court will appoint an attorney and dissolve the estate and will pay the debtor, Are we right? I really appreciate your advice.


Asked on 10/07/04, 9:48 am

1 Answer from Attorneys

John Heffernan Heffernan Legal Group, LLP

Re: deceased brother with lots of debt

If the estate is insolvent (the debts outnumber the assets), I'd do nothing and let the IRS or the creditors open the estate. There's nothing in it for you.

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Answered on 10/07/04, 10:55 am


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