Stow, OH asked in Estate Planning and Probate for Ohio

Q: My little sister born in Iowa and has her entire family in Iowa except a sister who lives in West Virginia.

My little sister moved to Ohio and got married and has been separated from her husband for over 5 years and now her husband is incarserated and has been for 8 years They have a son that is 16 She just recently was in a car wreck that took her life ..and now for next of kin with him in prison should go to the next next of kin to arrange her funeral you would think but the husband is deligating next to kin to his mom ..can he do that? Or does our mom become next of kin

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1 Lawyer Answer

A: Those who paid for her funeral may get reimbursed if they submit a claim before the deadline. But, I'm not aware of an exception to inheritance for incarcerated persons. As such, he will likely be entitled to his share of her estate. The husband should name somebody as power of attorney to act on his behalf for the purposes of signing waivers and accepting the payment.

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