Legal Question in Wills and Trusts in Ohio
Responsibility of unpaid bills of deceased
In assisting a friend whose sister recently passed, it was determined there was not enough in the estate to go through probate since remaining assets were well below $35,000 (mainly their used furniture). The property which was in both their names automatically went to him as the deed indicated joint and survivorship clause. The car the shared was leased. Is the brother, also the executor of the will, responsible for his sister's medical bills and credit card debt? How should he respond to her creditors?
1 Answer from Attorneys
Re: Responsibility of unpaid bills of deceased
The brother is only entiled to receive what's left after all the bills are paid. The personal property should be sold, and distributed to the creditors. If there is not enough, then you should file a probate estate, and ask the court as to the order of distribution.