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Application to Administor or Release from Administration

Discussion in 'Estate Administration & Probate Court' started by BullGill, Aug 11, 2017.

  1. BullGill

    BullGill Law Topic Starter New Member

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    Ohio

    My sister has agreed to let me file to release a $10,000 life insurance policy on my father with no beneficiaries named on the policy from administration. My question is, if the judge will order the estate to be distributed or not. My sister wants me to have all of it, will the judge order that it be distributed under a release from administration?

    I am wondering if I should file to be administrator of the estate instead and have her sign a waiver of the right to administer that way nothing is distributed.

    Thank you for any help, it is much appreciated.
     
  2. army judge

    army judge Super Moderator

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    No one here can provide you with the assurances you seek.

    Call the insurance company and see what answers you can receive.

    However, as related in your prior thread, there are other issues which might preclude you from achieving the result you desire.

    First and foremost, the insurance company has the final say.

    A judge can't override the terms of the policy.
     
  3. army judge

    army judge Super Moderator

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  4. BullGill

    BullGill Law Topic Starter New Member

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    Thank you for your replies,

    I just noticed that on the second page of form 5.6 it says,

    "The Court appoints __________________________________________________________________________ commissioner, to receive and sell or distribute the personal property or proceeds thereof, and to execute all necessary documents of conveyance, including without limitation those necessary to transfer title to any motor vehicle, motorcycle, watercraft, or other titled personal property sold or distributed in kind. The commissioner shall complete the duties and report to the Court within sixty days of the date of this entry."

    I assume this means that distribution is my responsibility and the insurance company will release everything to me?
     
  5. BullGill

    BullGill Law Topic Starter New Member

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    Summary release from administration is for estates worth under $5,000. I am still not sure if the insurance policy counts toward that amount. It says it doesn't but there is no beneficiary names on the policy.
     
  6. army judge

    army judge Super Moderator

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    The limit allowed in Ohio is $35K.

    Can't say for sure, but insurance proceeds are excluded from assets.

    However, you need to speak with the insurance company to determine if there was an active policy at the time of death, and how proceeds are to be disbursed.

    I've never known of a policy that didn't have a NAMED beneficiary.
     
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  7. BullGill

    BullGill Law Topic Starter New Member

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    To my knowledge the beneficiary is my grandmother or grandfather but they are both deceased. So I guess there were beneficiaries.
     
  8. BullGill

    BullGill Law Topic Starter New Member

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    The insurance agent told me to list the insurance as an asset.

    Also the insurance agent said it does not matter who files, they just need to know who is responsible for handling the estate, they told me I need a release from administration.
     
  9. army judge

    army judge Super Moderator

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    Did the beneficiaries predecease your father?

    The heirs of the last beneficiary should be the rightful heirs to the policy.

    However, I'm not saying that in a legal sense, because I don't know enough to render an opinion.

    You should speak with a couple Ohio lawyers in your county for a FREE consultation before proceeding.

    I am unsure if you're the legal heir.
     

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