Legal Question in Wills and Trusts in Ohio

I am the executor of my father's will and everything is to be decided between six children. However my sister who lived in a group home and was MMRD past away 2 months after my father. How do I handle This? Do I have to present a death certificate to the court for my sister? Do I need to set up a trust for her...she had no children. She was on disability... Do i notify the state? Lastly my father's estate consisted of about $6000.00. Does it need to be filed with probate court involving an attorney or can I file the request for executor papers with the probate court? Do I need to do any thing else concerning court filing if I don't use an attorney? I live in Ohio.


Asked on 3/25/17, 9:51 pm

1 Answer from Attorneys
Christine Socrates Meyers, Roman, Friedberg & Lewis

It would be advisable for you to discuss this matter with a probate attorney. Your father's will would need to be reviewed as well as what assets/accounts your father held that totaled the $6,000 stated. If it is only valued at $6,000 then you may not need a full probate estate but only the shorter version to release assets from probate.

Your father may have a provision in his will that stated how long a beneficiary had to survive him in order to inherit. If your sister met that requirement then her estate/inheritance may need to go through the probate process to be distributed to her beneficiaries. If not, they you may be able to proceed as though she predeceased your father. You definitely need to contact SS regarding her death. Her last payment may be returned depending on when she died.

If you need assistance, please contact my office. www.socrateslegal.com

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Answered on 3/28/17, 7:48 am


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