Ohio probate questions.

[BullGill]

My mother paid all of the funeral expenses and had power of attorney of his advance directive. He was living with my mother and myself for around two years while he was sick.

I am not even sure he knew there was a life insurance policy and that is why there are no beneficiaries listed on the policy. The policy was purchased in Pennsylvania but when my father passed he was living with my mother and myself in Ohio.

My father had a daughter by a different mother but he was long estranged to her mother.

Is my mother considered the executor of his estate?

We were told that we may have to contact my sister and let her know of the policy. If I understand correctly, my mother may not be considered the executor of his estate so that is why all parties have to be contacted (and possibly sign a release form to release the policy from probate?) Does the policy have to be split a certain way under these circumstances?

We were also told that it is going to cost $100 to process the request to release the estate and if it does not go threw than they still keep the $100.


In the photo below I highlighted a specific box, it says "All notice is dispensed with as unnecessary." Does this mean that nobody has to be notified about the policy and can my mother check this box off? I would like to make this process as painless as possible. My mother told me that she would keep the amount that it cost to pay for the funeral and other related expenses and then me and my sister would split the rest but if my sisters mother finds out about this she is the type of person to try and demand something she is not entitled to. My sister's mother like I said has been long estranged to my father for good reasons and my father was still paying my sister after she was eighteen for child support. I guess after a kid turns eighteen the child support goes directly to the kid until they are twenty one.
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Thanks for any help and if you have any advice on what to do in this situation please let me know.

 

[army judge]

My condolences upon the passing of your father.

Was your father married to your mother at the time he died?

Answer that, and I can provide you a more precise answer.

 

[zddoodah]

Is my mother considered the executor of his estate?

Did she apply to the probate court to be appointed, and did the court appoint her, as executor? If you answer those questions in the negative, then the answer to your question is also no.

By the way, did your father leave a will, and were he and your mother married at the time of his death (your post suggests that maybe they weren't still married)?

We were told that we may have to contact my sister and let her know of the policy.

Told by whom? Is this sister the half-sister you referred to earlier in your post?

Does the policy have to be split a certain way under these circumstances?

If the policy didn't designate a beneficiary, then the estate is the beneficiary. If the estate has assets net of debt, then whatever is leftover gets distributed pursuant to either the terms of your father's will or the intestate succession laws of Ohio. If your parents were married at the time of your father's death, then your mother gets the first $20k plus half of the rest, and the other half gets split between you and your half-sister.

Unless the policy in question is very small and your father had no other significant assets, you'd be well-advised to consult with a local probate attorney.

 

[BullGill]

My condolences upon the passing of your father.

Was your father married to your mother at the time he died?

Answer that, and I can provide you a more precise answer.

They were not married but like I said she paid all of the funeral expenses.

 

[adjusterjack]

They were not married but like I said she paid all of the funeral expenses.

That doesn't mean anything.

To be executor or personal representative of his estate she will have to open probate under intestacy and be appointed by the court.

Unfortunately, by not being married she and you are legal strangers to her boyfriend and are not entitled to anything from his estate and all she would be doing is spending her money to handle the estate for his bio daughter.

It's possible that she could be reimbursed by the estate if she becomes personal representative but that only works if the estate has sufficient assets to cover her expenses.

A lot depends on how much life insurance there is and how much the estate's assets are worth with or without the life insurance.

If little or nothing of both, she might as well leave it alone and let the bio daughter handle it and kiss the funeral money goodbye.

 

[army judge]

They were not married but like I said she paid all of the funeral expenses.

That is the problem for you, mate.

The funeral expenses are likely never to be reimbursed, and that alone does nothing to enhance or improve your mother's legal position in this sad affair.

Your mother has no standing unless she is named in your father's will.

You might not have standing, either, unless your father went to court and established paternity via genetic testing.

If he signed your birth certificate, that could be probative in a future legal hearing.

Again, please accept my deepest condolences and sincerest regrets upon the passing of your father.

If you are a named beneficiary in his life insurance policy it is beyond me why you haven't been paid.

As for the rest of his estate, if the estate isn't large, the proceeds might not make financial sense to dispute.

You could discuss the entire matter with two local attorneys for free, as most attorneys provide an initial consultation at no charge.

That is probably the bets way to know what you should do, if anything.

 

[BullGill]

My sister and I are both biological descendants.

My mother paying funeral expenses does not give her a right to the money?

So if this goes to court they will most likely split the money between myself and my sister?

The policy was only for $10,000.

Thanks for the help thus far!

 

[army judge]

My sister and I are both biological descendants.

My mother paying funeral expenses does not give her a right to the money?

So if this goes to court they will most likely split the money between myself and my sister?

The policy was only for $10,000.

Thanks for the help thus far!

The funeral expenses could be considered a gift, or an act of kindness.

She wasn't married to him, so it couldn't be a necessity.

If mother wasn't married to the deceased when you were born, absent actions on the part of the deceased, you likely are legally his descendant.

If your sister's mother was married to the deceased when she was born, she might be the only lawful heir.

Life insurance proceeds are paid only to named beneficiaries.

 

[BullGill]

Well this really complicates things a bit because my mother is not going to be happy to find out that she will not be able to recover the money she spent on funeral expenses.

So should I file to be the administrator of the estate and have my sister sing me off as such? Then I can make sure my mother gets what she should. As long as my sister signs me off as administrator the court then has no say where the money goes?

I guess technically my sister and I being his only known direct descendants and him not being married means that the state will want to split it even between us unless an administrator is agreed upon?

Are you guys 100% sure that even though she paid funeral expenses because she is not married to him she can not become the administrator?


Thank you all for the help, it is much appreciated.

 

[army judge]

Well this really complicates things a bit because my mother is not going to be happy to find out that she will not be able to recover the money she spent on funeral expenses.

So should I file to be the administrator of the estate and have my sister sing me off as such? Then I can make sure my mother gets what she should. As long as my sister signs me off as administrator the court then has no say where the money goes?

I guess technically my sister and I being his only known direct descendants and him not being married means that the state will want to split it even between us unless an administrator is agreed upon?

Are you guys 100% sure that even though she paid funeral expenses because she is not married to him she can not become the administrator?


Thank you all for the help, it is much appreciated.

Your mother MIGHT be able to assert a claim against the estate to be reimbursed.

Did your father have any assets?

What do you think his estate is worth?

Again, the life insurance policy has named beneficiaries, which determine who gets what.
I suggest one of you notify the insurance company of his death.
If no named beneficiary, the proceeds will likely go to the estate complicating an already confused situation.

I'm so sorry, but this is why we all should keep our affairs in order at all times.
No one knows when we'll get that final call.
That way we don't leave a mess for our loved ones.

Your note made me review what I want done upon my death.


If the estate is small, there is a less complicated way to settle it.

There is no Affidavit procedure available in Ohio. There is a summary probate procedure available for estates worth $35,000 or less, or where a surviving spouse inherits everything, either under a Will or by law (such as with joint tenancy property) and the value of the estate is less than $100,000.

Ohio Small Estates Law – Small Estates


The Ohio State Bar Association has a great pamphlet on wills:
...
https://www.ohiobar.org/General Resources/LawandYou/TLAY_Chapter09.pdf
...

Was he married to the woman who gave birth to your sister at the moment she was born?

If not, the issue of next of kin becomes complicated, especially if paternity wasn't established for either one or both of you.

In Ohio this is how an estate is distributed if a person dies intestate:
...

...

When there is no will in place, a person's assets will be distributed according to Ohio intestacy law. In general, any assets would be split between a surviving spouse, if there is one, and any children of the decedent. If the decedent has no spouse or children, the estate would go to any surviving parents and/or siblings. Ohio's intestacy laws are complex – more information can be found on the Ohio State Bar Association's website.

In Ohio, when someone dies without a will, this is referred to as "dying intestate." The Ohio probate court in the county where the decedent (the person who died) lived will process the administration of their estate. Most people appoint an estate executor in their will – if there is no will in place, the probate court will assign someone to execute the estate (usually the decedent's spouse or next of kin.) The person selected must also be an Ohio resident. The estate executor is responsible for distributing the decedent's property and paying their debts according to Ohio probate laws.

 

[BullGill]

So by default I am the executor of the estate because my sister is a resident of Pennsylvania. I am the only descendant that is a resident of Ohio. I think I have a copy of my birth certificate around, if I am the executor of the estate by default I am sure they will want to see my state I.D. and birth certificate.
Is this correct?

He was never married, the legitimacy of either one of us was never questioned though.

Again I am really grateful of your help, so glad this site exists.
Thank you,

 

[army judge]

So by default I am the executor of the estate because my sister is a resident of Pennsylvania. I am the only descendant that is a resident of Ohio. I think I have a copy of my birth certificate around, if I am the executor of the estate by default I am sure they will want to see my state I.D. and birth certificate.
Is this correct?

He was never married, the legitimacy of either one of us was never questioned though.

Again I am really grateful of your help, so glad this site exists.
Thank you,

You can try.

I hope it's not as complicated as I suspect.

It's not a question of legitimacy, it could be a question of did your father use the court system to properly establish his paternity?

Again, try it your way, see if things go as easily as you suspect.

 

[zddoodah]

My mother paying funeral expenses does not give her a right to the money?

Funeral and burial expenses are a priority claim against the estate.

So if this goes to court they will most likely split the money between myself and my sister?

The policy was only for $10,000.

Since you and your half-sister appear to be the only heirs, each of you will receive 50% of whatever is left over after all estate expenses have been paid.