Tipp City, OH asked in Probate for Ohio

Q: I have been named as the trustee in my brother's 2008 Ohio will. He and his wife divorced in 2020. He passed last week.

My brother died last week. We though he had no will. We found one today. His only son, my nephew is 16 and the will states that he leaves everything to him. His ex-wife has hired an attorney. My brother left his son some jewelry and some silver coins. His home loan was maxed out and the house needs to be bulldozed and nothing inside is worth much, if anything. He had a mountain of student loans and other credit card debt. He had a car that was paid off and may be worth $4-6k that he held title to. He had a life insurance policy through work and his ex-wife is named as guardian of his beneficiary son. What are my legal responsibilities, if any as a non-Ohio resident? What happens to his estate now that there is a will? Can I sign over trustee-ship to the ex-wife and let her manage her son's inheritance? Should I hire an attorney? Who and how do we pay for the cremation and burial/memorial service? I believe both the ex-wife and I only want the best for their minor son.

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1 Lawyer Answer
Aaron Epling
Aaron Epling
  • Probate Lawyer
  • Hilliard, OH
  • Licensed in Ohio

A: Sorry for your loss. First, you are under no obligation to do anything. But, I would probably wait 6 months (the Ohio statute of limitations for unsecured creditor claims) and then file for a release from administration to transfer the automobile title to his son. And, yes, you may waive your right to administer the estate.

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