Legal Question in Wills and Trusts in Ohio
DOA without a will
My father has just past away. We have always been told of a will that he had drawn up several years ago. I, out of nine boys, was to be the executor. He wanted all the children to share equally in the net proceeds after all his obligations were paid. His total assets equal maybe $35K. His net will be approximatly $15K. We can not find his will. Where do we go from here?
2 Answers from Attorneys
No Ohio Will; or will is lost; 35K assets
I am not lic. in OH, however, with as few assets involved and as many heirs (9), go talk to the local Probate (may be Ordinary in OH) Clerk and ask him or her about no administration or no asset proate. In GA this type of estate is simply a form filing and its done.
No will in Ohio
Actually, I don't know the answer to your question in Ohio, but what would happen in NC might be similar. One or more of you (in NC) would go down to the Estates office at the courthouse and get sworn in as Administrator(s) for the intestate (meaning "no will") estate. Then the assets will go according to the intestate laws (in NC, again). If you are lucky, the intestate laws will pass the assets according to how his will would have done. If you're not so lucky, they may still let all the heirs sign an agreement that passes the assets the same way as the will would have done. Good luck! By the way, in NC, if the spouse were still living, she would probably get all of the assets, based upon what you have described. If not they would probably be divided equally among all the children.
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