Legal Question in Wills and Trusts in Ohio
My father died and left his wife and myself as the executors of his will. He left her the house and the contents with the exception of some items. My question is does the house and the second morgage and her bills get paid off before distribution of the 401k and life insurance? What rights do i have as co-executor in the distribution of the cars and other unamed assets?
1 Answer from Attorneys
Depending on the terms of the will, if the house passes to his wife she may be responsible for the mortgage not the estate. I am also not sure what you mean by her bills if there are legitimate expenses of your father they should be paid from estate assets. The estate would not have an obligation to pay her bills. The 401K and life insurance are not estate expenses and do not need to be used to pay bills unless they were paid to the estate.
You need to follow the terms of the will in distributing the cars and other assets.
This answer is intended as general informationi and is not legal advise. You should consult with an attorney for advise for your particular situation.
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