Legal Question in Wills and Trusts in Ohio
executor
my father recently passed away with no will. he has medical debts but no assets.I am the eldest of two children therefore assume the role of executor.I have no idea where to begin,meanwhile bills etc are showing up.I have no extra funds of my own to hire a lawyer,as I am a single father just making ends meet. do I need to file papers stating that I am executor? with whom? What about the medical bills etc?
Can you give me some advice or guidance on what to do? Please Help if you can. Thanks in advance.
3 Answers from Attorneys
Re: executor
Check with the medical providers. If you tell them that your father has no assets, many times they will write off the bill since the same would happen if you took the estate through an insolvency. If there are no assets, you are not required to open a probate estate. The creditors could open the probate estate if they thought there were assets that they could get paid from. That is rare. However, even the smallest asset with no named beneficiary will requre some type of administration. It may make sense to file an insolvent estate at that point to clear all debts. You would file with the probate court to be appointed administrator.
Re: executor
You can contact the Probate Court in the county where your father was residing for some guidance.
They are not permitted to give legal advice, but it will be a start. For assistance on the details it will be necessary to contact an attorney familiar with probate matters.
Feel free to contact me if you need further assistance.
Re: executor
The Administration desk at Probate Court assists non-lawyers like yourself. Once you open administration of the estate, you may be able to use the estate assets, if there are any, to help with expenses, for example the filing fee.