Legal Question in Wills and Trusts in Ohio

Your stepdad should consult with an experienced probate attorney who can help him through the process. Your mother's credit card debt if it was only in her name would be paid out of any probate assets. Probate assets are assets that were only in your mother's name, not joint or payable on death. The medicial bills should also be an estate responsibility but there may be responsiblity on a surviving spouse to pay for his spouses medicial bills.

It would be well worth his time to speak to someone who can help him sort through his legal responsibilities for her debts.

The only reason you would need to open up a probate estate is if there are assets that were solely in your mother's name. From those assets, the credit card and medical bills should be paid. If the debts are more that the value of the assets, an insolvency can be filed for the estate. Your step dad should not have responsibilty for those debts. I would recommend speaking to a probate attorney to help him evaluate his liability and situation. If you have further questions, you can contact me through my website at http://www.socrateslegal.com .