Legal Question in Wills and Trusts in Ohio

My widowed 72 year-old mother-in-law is deep in debt. Her home is mortgaged to the hilt and she has numerous credit cards that are maxed out. No one elses name in the family (she has three sons) is not on any of the debt.

My question is does she need a Last Will and Testament? Can she still leave family keepsakes to her sons or will everything have to be sold to pay off her outstanding debt?

Any information you can provide would be greatly appreciated!!


Asked on 8/10/09, 2:36 pm

2 Answers from Attorneys
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

Everyone over the age of 18 should have a will. It makes handling your estate much easier and avoids the necessity of obtaining a probate bond.

Whether or not the family keepsakes will need to be sold will depend on whether they have any value. If there only value is sentimental then creditors will probably not require them to be sold.

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Answered on 8/10/09, 2:58 pm
Dan Guinn Guinn Law Firm, LLC

I would definitely recommend a will for her. It will make things much easier on all of you when she passes.

Feel free to contact me at either [email protected] or [email protected]. I would be happy to do a will for her.

Thanks and have a great day.

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Answered on 8/10/09, 5:10 pm


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