QUESTION

Separated spouse in another state when Husband died

Asked on Apr 05th, 2021 on Estate Planning - Ohio
More details to this question:
'm wife. Husband separated died late November in another state. According to will I'm sole heir. Problem is: I'm in Florida. Brother hired attorney to represent the estate. They asked me to waive the notice of probate. I did . It was sent back to attorney in December. Now, they've learned (I'm still in Florida, due to covid, no funeral) that there are no probate assets, and attorney has removed himself. I've received a notice of $5,000 worth of expenses from the executor, attorney expenses (who said he hadn't been paid) including cremation (no funeral, covid)....I've seen no paperwork except a statement from an IRA account with $325,000 left to me. I don't know if his taxes have been filed for 2020. They are saying his home had 2 mortgages, auto not worth anything and 2 accounts with about 3k in total. Do I need to hire an estate lawyer and how do I protect myself? I haven't been entitled any information, family won't talk to me, they want me to sign a 2nd notice of waver of probate. I
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1 ANSWER

Asset Protection and Medicaid Planning Attorney serving Cuyahoga Falls, OH at Legacy Law Firm, LLC
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There are a lot of moving pieces in the scenario you described.  Additionally, it looks like your question was cut off.  From what you describe, you really do need to retain a probate attorney to review your situation in detail and figure out a game plan.  I suggest finding an attorney in or near the County where your husband resided prior to his passing.  Every County has its own probate court with their own way of doing things. Best of luck.
Answered on Apr 06th, 2021 at 6:58 AM

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