Legal Question in Wills and Trusts in Ohio
My mother passed away September 24th, 2012. She didn't have life insurance and my brother and I covered the funeral expenses out of pocket. My older brother has drug his feet in closing out her bank account so we can use that money to purchase a headstone for her grave. She had little assets and just a few hundred dollars in her account, but the money would help. As the younger brother, am I able to take the lead in closing out her account? She was on disability and doesn't have any outstanding creditors to my knowledge. Any help would be greatly appreciated...
1 Answer from Attorneys
I am sorry to hear about your mother's passing. Did she have a will? Was your brother appointed executor of her estate? Was this account titled in her name only? If your mother had a will appointing your brother, it is his responsibility to probate her assets or in this case since it is a small bank account, do a release of assets to get court permission to access that money. If she did not have a will, then any sibling could take this responsibility. If you need further assistance please contact me.
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