Legal Question in Wills and Trusts in Ohio
Probate Of mother's estate
Within 48 hours after my mother passed away 8 months ago my brothers had me at the funeral home and a lawyers office signing papers making the lawyer trustee of her estate, I was on Ativan at the time. My brother has been deciding with this lawyer what is to be done with my mother's estate without informing me. While she was alive a lawsuit was on going to get control back of property in Tennessee. In the Will for this property if the Grandchildred are dead it is to be passed on to the Greatgrandchildred which I am one of. The sale of the property went through and the check came in my mother's name last Saturday instead of in our names. My brother said it had to come that way because she was alive at the start of the lawsuit. My questions are: What can I do now about signing with this lawyer and the check my brother gave to the lawyer and the fact I paid for the furenal with the life insurance my mother left me and my brothers not paying one thing towards her furneal?
3 Answers from Attorneys
Re: Probate Of mother's estate
You need to file a claim against your mother's estate for those funeral expenses you paid. As to where the proceeds from the sale of property should go, at first glance it appears that they should go to her estate. I might be able to tell you more if I knew the case, or saw a copy of the will. Call me if I might be of help,
Re: Probate Of mother's estate
If your mother was the plaintiff in the lawsuit and subsequently died, the check should be payable to your mother or to your mother's estate. Then it would be processed under your mother's estate. Don't be afraid to ask for copies of documents from the lawyer as a beneficiary. Or you may get a copy from the Probate court if it is going through Probate. You do need to file a claim with the estate for the funeral expenses within one year of her death.
Re: Probate Of mother's estate
Since your mother was alive at the time of your great-grandparent's death, the check should be payable to your mother or to your mother's estate. The proceeds would then be processed under your mother's estate. Request copies of the documents from the lawyer as a beneficiary, or obtain the copies from the Probate court if it is going through Probate. You do need to file a claim with the estate for the funeral expenses within one year of her death. In most counties, the Probate requires that a paid funeral bill be presented before the estate can be closed. You file your claim with the probate court and the executor. Call me if I can be of help.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
