Since it appears that the bank account was in your sister's name alone at the time of your sister's passing, only the Executor (person named via last will and testament to manage the estate) or Administrator (term used when the decedent doesn't have a last will or testament) may access the account. Therefore, an estate needs to be opened in the state/county in which your sister lived at her passing in order for an Executor or Administrator to be appointed who can then have legal access to the account. The good news is that depending on the value of all of your sister's assets, the responsible party may be able to expedite the probate process through an Application to Relieve the Estate from Administration (R.C. 2113.03; Form 5.0) or Application for Summary Release from Administration (R.C. 2113.031; Form 5.10). Assuming your sister was a resident of Ohio, you can go to the county probate court for these forms or visit the website if the county has one.
It is possible that there is a payable on death (POD) or transferrable on death (TOD) beneficiary on the account, which means the beneficiary would have access to the account and the account would not be an estate asset under the control of the Executor/Administrator. Unfortunately, though, unless you are the named POD or TOD, the bank will probably require you to be appointed Executor or Administrator for the bank to disclose the name of the POD or TOD beneficiary.
You do need to keep in mind that you cannot use your sister's estate assets to pay your mother's bills, unless your sister is joint owner or beneficiary of the home and would be legally responsible for its upkeep if your sister was living. You actually have two potential estates here: one for assets owned solely by your mother (possibly the house) and one for assets owned solely by your sister (possibly the bank account that became your sister's as the last living joint owner). There are a lot of details here and it may be appropriate for you to seek advice of a probate attorney. Best wishes.
This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliates companies. You may wish to consult an attorney for specific legal advice.
Answered on May 29th, 2012 at 3:58 PM