Need advice yesterday

What is the name of your state?I am in Ohio. My mother passed away late last year. I am the executor named in her will. I am looking into a medical malpractice case concerning her death. My attorney tells me I need to open up an estate to get certain medical records. I am concerned about doing this because my mothers illness put us both into debt and I am concerned about the responsibility of her debt. I still have not come out of my own and could never pay for hers. There were no assets at the time of her debt. I do not even understand why we have to open up an estate and wonder if I should drop the entire thing. My heart is broken and I have no where to turn for answers.......Thanks for your time.

"I am concerned about doing this because my mothers illness put us both into debt and I am concerned about the responsibility of her debt. I still have not come out of my own and could never pay for hers."
*** As executor of her estate, you have NO risk of your becoming personally liable for her debts.

"There were no assets at the time of her debt."
*** Based on your post, that is not true. The potential malpractice claim is an asset.

"I do not even understand why we have to open up an estate and wonder if I should drop the entire thing."
*** Of course, that is a decision that only you can make.

Ask the attorney who told you (or get a second opinion from another one) why he told you about the need for opening up an estate and get him to be specific about his reasoning.

Is your mother's will being probated and have you received your letters testamentary? Does she have any other assets that are worth anything? You need to find out (by contacting the county courthouse probate court) what the minimum amount of estate value must be before probate is even required.

If the will has not yet been probated or you have no intention to, then you are going to eventually have to do so anyway just to distribute the proceeds of the check you will be receiving from the malpractice lawsuit.

DANDY DON IN OKLAHOMA ([email protected])