Legal Question in Wills and Trusts in Ohio
Solvant vs. Insolvant
My disabled brother, never married, no children, passed away recently, with what appears as though MAY be an insolvent estate. He named me Executrix of his estate in his will, without my knowledge, and I don't know where to begin. I don't have the money to pay a lawyer. During a free consultation, I was told to make an inventory of all his assets and his debt, but not to contact any creditors at this point & then the lawyer will then advise me. The problem I've run into is that I have unopened mail from years ago, in which I am finding debt, judgements, between $1,500 & $7000, credit card debt never paid, old & newer medical bills unpaid. I can't contact the bank to check cash His house isn't worth much, newer car, but no credit life, & equity loan against the house don't know if there is credit life. He has some personal assests like furniture, etc, but nothing of high value. I signed the funeral bill, so am told I'm responsible for that, but I'm not employed so don't have the money to pay it. I can't turn off the gas or electric it being so cold, but can't pay them either. What are my rights? Can I sell personal items to try to get some of the funeral costs back? I can't afford to pay an attorney. What can I do? Thank you!
2 Answers from Attorneys
Re: Solvant vs. Insolvant
An executor is not responsible for the decedent's debts. If your brother had assets such as a car and house, you still need to file papers with the court asking not to have to probate the estate. The attorney you spoke with gave you proper advice.
Re: Solvant vs. Insolvant
An executor is not responsible for the decedent's debts. If your brother had assets such as a car and house, you still need to file papers with the court asking not to have to probate the estate. The attorney you spoke with gave you proper advice.
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