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MrMcgee

Member
What is the name of your state? Ohio

My father recently passed away and I found out, contrary to what everyone in the family was telling me, he left no will. I am confused about my next process is. I know I need to meet with a lawyer on monday, but I want to be prepared. I already took care off all his financial information so I know his debts and finances. There are only 2 children in the picture and an ex wife. One child is on the run with warrants and facing jail time and the ex wife is out of the picture. What would be my next step and what kind of process am I looking at taking care of my fathers assets. He had about 70k in debt(house,and credit card) with 46 in a brokerage acct and 2k in abank account. truck and motorcycle is paid off. Thats all he had
thanks
 


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BelizeBreeze

Senior Member
MrMcgee said:
What is the name of your state? Ohio

My father recently passed away and I found out, contrary to what everyone in the family was telling me, he left no will. I am confused about my next process is. I know I need to meet with a lawyer on monday, but I want to be prepared. I already took care off all his financial information so I know his debts and finances. There are only 2 children in the picture and an ex wife. One child is on the run with warrants and facing jail time and the ex wife is out of the picture. What would be my next step and what kind of process am I looking at taking care of my fathers assets. He had about 70k in debt(house,and credit card) with 46 in a brokerage acct and 2k in abank account. truck and motorcycle is paid off. Thats all he had
thanks
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You will need to file his probate intestate and from the sound of it, there isn't much of an estate. After you file and appointed executor there will be a period of time where the assets can be sold and the debts paid (if a claim is made against the estate) and from the sound of things, a small estate can be opened.

You may not need an attorney but it's better to have one advise at the beginning. And you are right, the ex wife has no claim although your brother does. his being on the run does not preclude his sharing in the estate, if any is left.
 
M

MrMcgee

Member
If I were to go about it without a lawyer, would the courts appoint the executor? What would paper work would they want to see? like i said, I have all the paperwork for the house, plus the truck and motorcycle title. also, i meant there is 46k in the brokerage account and the balance is 57,895 on the house
 
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B

BelizeBreeze

Senior Member
MrMcgee said:
If I were to go about it without a lawyer, would the courts appoint the executor?
Click to expand...
Even WITH an attorney, the appointment of the executor is up to the court. That doesn't mean you can't ask the court to appoint you.
What would paper work would they want to see?
Click to expand...
Ask the Probate Court clerk for a package of forms required to open a small estate (If you qualify).
like i said, I have all the paperwork for the house, plus the truck and motorcycle title. also, i meant there is 46k in the brokerage account and the balance is 57,895 on the house
Click to expand...
It depends on what the TOTAL assets of the estate are valued at whether or not you can file small probate in your state. That's why I suggest you do a little research or ask the court clerk for the qualifications in your area.
 
M

MrMcgee

Member
I have another question. After speaking with my sibling, we have came up with the solution that they will recieve a monetary value to pay for an attorney to fight the charges against them in return giving up their portion of the estate. How would I go about making this legal or can it even be done
 
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