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What is a commissioner?

Discussion in 'Estate Administration & Probate Court' started by Persephone, Mar 14, 2019.

  1. Persephone

    Persephone Law Topic Starter New Member

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    Hello!
    I recently got a lawyer and he helped me get my dads estate in my name. The estate is closed and I was appointed commissioner. I have googled it and the paper copy from court describes it but I'm not sure if I'm understanding correctly. Does the commissioner have full power over everything? Even over administrator and executors? Or is a commissioner all of the above? Like both administrator and executor combined?

    I'm sorry I'm feeling a bit stupid lol

    Thanks for anyone's help I really appreciate it!!
     
  2. zddoodah

    zddoodah Well-Known Member

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    This is a question you should ask your lawyer.
     
  3. Persephone

    Persephone Law Topic Starter New Member

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    I suppose I will if I have to but since it's all done, case closed, I dont want to bother him, hes a very busy man and he already took care of my case pro bono. Thanks though.
     
  4. army judge

    army judge Super Moderator

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    If a person dies in Ohio, the individual appointed to settle the estate of the deceased is called an administrator, although a female is sometimes called an administratix.

    Recalling my law school years, as well as my decades practicing law, I never heard the term "commissioner" used to refer to one who administers the assets of a decedent.


    In the Commonwealth of Virginia, one assuming the duties of settling a decedent's estate must take an oath before the County Commissioner of Accounts.

    Don't ever feel stupid because you need to ask a question.

    We all learn by asking questions and doing research.

    I was once a grasshopper, too!
     
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  5. Persephone

    Persephone Law Topic Starter New Member

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    Here's what my document looks like. I was my dads personal representative before going through probate. My siblings have basically not given a crap and haven't been around so they signed off. My dad wasnt married nor had a will and his estate was small, so it was between my siblings and I but they both signed off just leaving me.... although I am trying to build an asbestos case to prove he passed from that so I need access to his health records...hoping I can as commissioner.
     

    Attached Files:

  6. army judge

    army judge Super Moderator

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    As I understand it, a commissioner is the person who administers estates smaller than $100K, eliminating the need to go to probate court.

    2113.03 Court may order estate released from administration.
    (A) Subject to division (I) of this section, an estate may be released from administration under division (B) of this section if either of the following applies:

    (1) The value of the assets of the estate is thirty-five thousand dollars or less.

    (2) The value of the assets of the estate is one hundred thousand dollars or less and either of the following applies:

    (a) The decedent devised and bequeathed in a valid will all of the assets of the decedent's estate to a person who is named in the will as the decedent's spouse, and the decedent is survived by that person.

    (b) The decedent is survived by a spouse whose marriage to the decedent was solemnized in a manner consistent with Chapter 3101. of the Revised Code or with a similar law of another state or nation, the decedent died without a valid will, and the decedent's surviving spouse is entitled to receive all of the assets of the decedent's estate under section 2105.06 of the Revised Code or by the operation of that section and division (B)(1) or (2) of section 2106.13 of the Revised Code.

    (C) For the purposes of this section, the value of an estate that reasonably can be considered to be in an amount specified in division (A)(1) or (2) of this section and that is not composed entirely of money, stocks, bonds, or other property the value of which is readily ascertainable, shall be determined by an appraiser selected by the applicant, subject to the approval of the court. The appraiser's valuation of the property shall be reported to the court in the application to relieve the estate from administration. The appraiser shall be paid in accordance with section 2115.06 of the Revised Code.

    (D) For the purposes of this section, the amount of property to be delivered or transferred to the surviving spouse, minor children, or both, of the decedent as the allowance for support shall be established in accordance with section 2106.13 of the Revised Code.

    (E) The court may appoint a commissioner to execute all necessary instruments of conveyance, including the instruments of conveyance and other documents required for the transfer of title upon the sale of real property pursuant to section 2127.011 of the Revised Code. The commissioner shall receipt for the property, distribute the proceeds of the conveyance upon court order, and report to the court after the delivery, sale, or transfer of personal or real property from an estate that has been relieved from administration.


    Here you go, this website answers all your questions:

    Lawriter - ORC - 2113.03 Court may order estate released from administration.
     
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  7. zddoodah

    zddoodah Well-Known Member

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    If "it's all done, case closed," what difference does it make? You can read Chapter 2113 of Title 21 of the Ohio Revised Code for more info.

    P.S. That your attorney is busy is not a reason not to ask questions like this. Even though he took the case on a pro bono basis, he owes you the same duties as if he was getting paid, and you have the same rights as a client.
     
  8. adjusterjack

    adjusterjack Super Moderator

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    Whatever court papers you have that appointed you representative or commissioner or whatever should enable you to get his medical records.

    Take copies of those papers (and his death certificate) to his medical providers, fill out their request forms, pay whatever copying fee is required, and that should be all it takes to get the records.
     
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  9. Persephone

    Persephone Law Topic Starter New Member

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    Thank you :)
     
  10. Persephone

    Persephone Law Topic Starter New Member

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    I get it, I just felt bad but I did indeed contact him earlier and they told me. Great people!
     
  11. Persephone

    Persephone Law Topic Starter New Member

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    Thank you very much for being such great help and being non judgmental! Means a lot to me! :) you are wonderful!
     
  12. army judge

    army judge Super Moderator

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    Thank you, others might disagree with you :D, but thanks for the kind words:)!!!

    Honestly I was intrigued by your question and had to find the exact answer to satisfy my curiosity.

    I sometimes have one of my paralegals research this stuff, but this one I wanted to do myself.

    I knew the term "commissioner" made sense, but didn't know the specific reason.

    Now we both do, and my paralegals were happy to not have me bugging them again. LOL
     
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