QUESTION
If my father just died, should I be the one fixing his estate and not his mother?
Asked on Jul 06th, 2017 on Estate Planning - Ohio
More details to this question:
He was single. His parents are still alive and he left behind me, my sister & my brother. I'm the oldest and his mother has taken control over everything without saying a word to us. I've never been through this before I don't know if she's in the right to do it? He had no will and she's saying everything goes to her. Is this true? Please help.
2 ANSWERS
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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I am sorry about the loss of your father. Your grandmother is wrong. She is not entitled to any of the estate since your father had living children. Especially since he did not have a will. However, if your father named her as a beneficiary or she was a joint owner with rights of survivorship she would be entitled to those assets. You can contact me directly if you need assistance to prevent her from taking what is not hers.
Answered on Sep 21st, 2017 at 4:04 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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If he has no will (and no spouse), his estate goes to his children. You should file his estate with the probate court and have one of the children appointed executor. His mother will have to turn everything over to the executor and pay for any items which are missing.
Answered on Sep 21st, 2017 at 4:03 AM