Legal Question in Wills and Trusts in Ohio
if there is no will and there is two children does the estate still have to go to probate
Asked on 9/21/09, 7:14 am
2 Answers from Attorneys
Elizabeth Schmitz
Elizabeth S. Schmitz Attorney at Law
If the deceased had assets in his or her own name then you will still need to apply to probate court for permission to transfer the assets.
Answered on 9/21/09, 7:19 am
Christine Socrates
Meyers, Roman, Friedberg & Lewis
If all the assets have a beneficary designation, such as a life insurance, a bank accounts with a POD designation, or title with a transfer on death designation, then they will pass automatically to the beneficiary without probate. However, assets that are in the decedent's name alone, without such a desigation, will need to pass through probate. If you have additional questions or require further assistance, please contact me through http://www.socratelegal.com for a complimentary consultation.
Answered on 9/21/09, 10:52 am
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