QUESTION
If there is no will found and you have 5 adults one was living with my father for 4 years the last 2 years she was a caregiver for medical needs
Asked on Jun 29th, 2012 on Wills and Probate - Ohio
More details to this question:
my father took her in when she needed a place to stay and then the last two years she was there to take care of our father he still paid all of the bills she was only there if he needed here , doctors etc since there is no will she claims is she allowed to stay in the home doing probate or how does this work, she is claiming everything dads money from the checking acct she has access to all paper work where the other 4 adults is at her mercy she is refusing to share infomation. probate is the something that we file or is there a cost?
please advise
Thank you
I live out of the county of where the rest of adults live
1 ANSWER
Tonya Coles
You should contact a probate lawyer as soon as possible. From what you write, it appears that your father's estate has not been settled in court. Because he did not leave a will, someone needs to file an application to administer his estate. The application needs to be filed in the probate court in the county where your father died. The administrator's responsibilities will be to gather your father's assets, pay his final debts, and distribute whatever is left to his heirs.
A probate lawyer can explain the requirements for being appointed administrator, and the costs involved. After you are appointed, you can take control of your father's property, include the home and bank account. If the "caregiver" has no legal right to remain in the home, you will be able to file an eviction. If she has taken control of money or property that she has no right to, you may be able to file a lawsuit to recover the property. You can only do these things after you are appointed.
Tonya R. Coles, Attorney at Law
Elder Law -- Estate Planning -- Probate
www.tonyacoles.com
Answered on Jul 12th, 2012 at 6:03 PM