Legal Question in Wills and Trusts in Ohio

Help

My mother had just past away a week ago and had not established a power of attorney. I was the beneficiary on her life insurance policy, I am her son, do I have any rights in taking care of her financial needs? In other words, would I have the right to close her checking account and collect the funds to help pay for the funeral? I also found that my grandmother and grandfather who have also past, have unclaimed monies due to them in the state of California and Ohio, would I be able to collect those funds since my mother was the heir to their estate? Bottom line is that my mother has past and a simple cremation and urn is going to cost $2,600.00. Her life insurance only paid out $922.00. If she would have survived another two weeks her policy would have been worth $3000.00. I am at a loss and do not know what to do. I can't even pick up my poor mothers ashes until the funeral home is paid.

I eagerly await your response,

Steven


Asked on 11/04/08, 9:37 pm

1 Answer from Attorneys

Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

Re: Help

I am sorry about your loss. In order to have the authority to handle your mother's checking account or any of her other assets you will need to apply to the probate court for authority. The type of probate action will depend on whether she had a will and the value of her assets.

I would suggest that you consult with an attorney who can help you through the process.

As far as the unclaimed funds you might also have to get probate court authority to get those funds. You might have to reopen their estates in order to collect the funds.

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Answered on 11/04/08, 10:33 pm


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