Legal Question in Wills and Trusts in Ohio
subject
My mom filed bankruptcy. It went through. She was allowed to stay in the house until further low income housing was avialable.She has now passed away with no will and no power of attorney to any of her 3 children. She also had a car that was paid for. Does the contents of the house have to go through probate? If it does not what is the legal way of distrabution of the personal propery and do we have to have it appraised for value for probate.Will the car be included?
The funeral is paid for and she has a few grand in her account.
1 Answer from Attorneys
Re: subject
Anything that your mother owned in her name alone with no beneficiary named is part of her probate estate and must go through the probate process to transfer title to her beneficiaries, her 3 children. Someone would apply to serve as Administrator to have legal authority to handle her affairs. Creditors have certain rights. Personal property may have to be sold to handle creditor claims. The car is included in probate. Was the bankruptcy finalized and what type was it? That will need to be looked at. The type of probate will depend on the amount of assets and the creditor issues. You should meet with an attorney on this one.
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