Legal Question in Wills and Trusts in Ohio

My sister died without a will. She owned nothing. Her rent deposit check has been issued to her estate. Can it be cashed?


Asked on 11/01/10, 6:58 pm

2 Answers from Attorneys

Simon Johnson Law Offices of Simon W. Johnson

Even with out a will, an estate needs to be opened in the county probate court where she passed away. The estate administration shouldn't be that complex but it's always wise to hire an attorney to take care of it so that it'd done properly. However, depending on your county, your probate court employees may be very helpful in guiding you on the process.

If you wish to discuss this further at no cost to you, feel free to contact me.

Best regards,

Simon W. Johnson

www.swjlawoffice.com

[email protected]

(440) 477-6075

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Answered on 11/07/10, 7:55 am
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

You will need a probate admnistration to process that check. It may be possible to use a summary release from administration or release from admnistration depending on the amount of assets involved.

It may be advisable to wait a while to make sure there are no other assets to be found and you will also want to consider if there are any potential creditors.

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Answered on 11/08/10, 5:19 am


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