Q: My Father's 1st cousin passed in OH. My father is the direct Next of Kin in MI. Can he enter the home with no will?
This happened over the weekend. The body was found during a home wellness investigation by local police. The deceased never voiced his last wishes. The deceased passed only six weeks after his mother passed who also did not mention last wishes. We don't know the status of any probate for her to him. They lived together in the same home 50 years. He was a recluse. The body is in the county morgue and house locked and sealed by local police. Can my dad make make funeral arrangements as Next of Kin? Can we enter the home to look for possible last will? Do we need to hire a lawyer and does the estate pay for that? We need a direction to go. Have no clue where to start.
A: Your father or some other family member needs to consult a local OH probate attorney in the county in which the deceased lived. Use the Find a Lawyer tab. The attorney who can answer all your questions and advise what to do. The legal fees are paid from the estate. Your dad can make funeral arrangements, and some or all of that can be reimbursed from the estate, depending on the size of the estate. He or another family member can apply to the probate court to be the administrator, and once appointed, the administrator can legally enter the property.
Kenneth V Zichi agrees with this answer
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