Painesville, OH asked in Probate for Ohio

Q: My brother died without a proper will and his assets are very small. Can we settle his small estate without a lawyer?

He has a small house. 2 children who loathe each other.

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2 Lawyer Answers
Aaron Epling
Aaron Epling
Answered
  • Probate Lawyer
  • Hilliard, OH
  • Licensed in Ohio

A: If the two children don't like one another, then you should get an administrator appointed to sell the house and split the proceeds. Are you (the administrator) required to have an attorney? No. Should you? Unless you are a probate attorney in Ohio, then yes. The beneficiaries could sue you if you make one mistake. Since they already dislike each other, then this case has a heightened possibility of litigation at the outset. Further, the estate will probably pay the attorney fees.

C. Lawrence Huddleston III and Andrew Popp agree with this answer

C. Lawrence Huddleston III
C. Lawrence Huddleston III
Answered
  • Probate Lawyer
  • Columbus, OH
  • Licensed in Ohio

A: If the heirs got along, it might be possible, but with real estate involved you will need to find an Administrator on whom you can agree, who can help get the house sold, and who can play referee. One of you needs to start the process by finding an expert and experienced probate lawyer who can help you get this done.

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