Cleveland, OH asked in Estate Planning and Probate for Ohio

Q: My mom passed away in December. Nothing of value in her name. Received a claim against her estate. Not sure what to do

She does have a bank account with maybe $600 in it. I have not done anything to get access to this account. I also did not file her taxes. Looking for guidance or at least to be pointed in the right direction to a lawyer who can assist.

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1 Lawyer Answer
Andrew Popp
Andrew Popp
  • Estate Planning Lawyer
  • Cuyahoga Falls, OH
  • Licensed in Ohio

A: If you want to try to settle her estate you likely will need to open up a probate case. The person appointed to be the administrator / executor has the legal authority to settle debts, file taxes, etc. on behalf of the estate. Keep in mind that most creditors must present their claims against the estate to the executor in writing within 6 months of the date of death. If they fail to present the claims timely, they cannot recover. You may want to sit down with a probate attorney to review the entirety of the situation and determine the best way forward.

Best of luck.

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