Results 1 to 4 of 4
  1. #1
    Join Date
    Feb 2019
    Posts
    2

    Default No Will, Minor Children, No Spouse. Who Controls Assets Pending Probate

    My question involves estate proceedings in the state of: Ohio

    The individual who died was a single, never-married father of two.

    There is no will or trust.

    The two biological children have different mothers.

    The two biological children are minors.

    Following the death, the deceased's father (in cooperation with the deceased's biological siblings) has assumed control over the deceased's single-family home and assets inside. By "assuming control," I mean the father has: acquired the keys to the property and has been visiting the property often; been deciding who can enter the property and when; allowing or not allowing certain people to remove property from the home, including telling one of the mothers of one of the father's children she couldn't remove property that the deceased bought for the child they have together.

    The brother has been directly observed (by me) removing items from the property while the father was present. By full disclosure, it is not know if the items are the brother's and were in possession of the deceased or if they were the property of the deceased and the brother is taking possession of them. The point is the father permitted it to take place.

    A few questions...

    Under Ohio law, aren't the descendants of the deceased first in line to receive the property in probate?

    While it's reasonable that access to the property is in some way controlled or prevented to preserve order pending probate, should that authority automatically pass to the father?

    What can the mothers do now to protect the deceased's assets on behalf of the deceased's minor children?

    What steps are necessary to discover the amount of equity, if any, is in the property, and what steps do the mother's take to protect that equity on behalf of the minor children (such as making interim mortgage payments, etc.)?

    Thanks.

  2. #2
    Join Date
    Jul 2018
    Posts
    1,194

    Default Re: No Will, Minor Children, No Spouse. Who Controls Assets Pending Probate

    Quote Quoting yz141518
    View Post
    The brother has been directly observed (by me)
    What is your relationship to the persons involved?


    Quote Quoting yz141518
    View Post
    Under Ohio law, aren't the descendants of the deceased first in line to receive the property in probate?
    Not so much "first" as only, but yes. Has either child's mother taken any action to seek to the probate of the estate?


    Quote Quoting yz141518
    View Post
    While it's reasonable that access to the property is in some way controlled or prevented to preserve order pending probate, should that authority automatically pass to the father?
    I'm not entirely sure I understand the question, but nothing you have posted suggests that the deceased's father is acting with legal authority.


    Quote Quoting yz141518
    View Post
    What can the mothers do now to protect the deceased's assets on behalf of the deceased's minor children?
    Retain a probate attorney and seek to probate the estate.


    Quote Quoting yz141518
    View Post
    What steps are necessary to discover the amount of equity, if any, is in the property
    Equity = fair market value less the balance of any encumbrances. FMV can be determined by an appraisal of the property, and the balance of indebtedness can be ascertained from the owner(s) of the encumbrance(s) that secure the indebtedness.

  3. #3
    Join Date
    Mar 2013
    Posts
    16,766

    Default Re: No Will, Minor Children, No Spouse. Who Controls Assets Pending Probate

    Quote Quoting yz141518
    View Post

    Following the death, the deceased's father (in cooperation with the deceased's biological siblings) has assumed control over the deceased's single-family home and assets inside. By "assuming control," I mean the father has: acquired the keys to the property and has been visiting the property often; been deciding who can enter the property and when; allowing or not allowing certain people to remove property from the home, including telling one of the mothers of one of the father's children she couldn't remove property that the deceased bought for the child they have together.
    Well, somebody's got to do it.

    If either of the mothers want to do it, one of them will have to step up, go to court and become representative of the estate on behalf of her child. Then she will have the power of the court behind her when she takes control of the property and assets and probates the estate.

    Either of them want to do that?

    Meantime, it's possible that the father of the deceased has already been appointed by the court as representative of the estate. You can check that by checking for a probate file on the deceased at the local probate court.

  4. #4
    Join Date
    Feb 2019
    Posts
    2

    Default Re: No Will, Minor Children, No Spouse. Who Controls Assets Pending Probate

    Quote Quoting pg1067
    View Post
    Retain a probate attorney and seek to probate the estate.
    Perfect.

    Thanks!

    1. Sponsored Links
       

Similar Threads

  1. Estate Planning Strategies: How to Leave Your Assets to Your Children and Not Your Spouse
    By Mybest in forum Estate Planning, Administration and Probate
    Replies: 4
    Last Post: 05-26-2018, 03:31 AM
  2. Estate Assets and Debts: Can You Distribute Assets Before Probate is Over
    By lawfacts in forum Estate Planning, Administration and Probate
    Replies: 1
    Last Post: 01-06-2017, 02:53 PM
  3. Trusts: Can One Spouse Put the Marital Assets Into a Trust He Controls
    By inmom in forum Estate Planning, Administration and Probate
    Replies: 3
    Last Post: 08-21-2016, 04:34 PM
  4. Estate Assets and Debts: Do You Have to Probate an Estate With No Assets
    By chessasfo in forum Estate Planning, Administration and Probate
    Replies: 1
    Last Post: 07-23-2012, 04:06 PM
  5. Opening an Estate: Next to No Assets - Is Probate Required
    By writer_p in forum Estate Planning, Administration and Probate
    Replies: 2
    Last Post: 11-25-2009, 03:36 AM
 
 
Sponsored Links

Legal Help, Information and Resources