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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9378
Experience:  Experienced Family Law Attorney
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My sister lives in Ohio, I live in Florida. Our parents are

Customer Question

My sister lives in Ohio, I live in Florida. Our parents are deceased and we have no other brothers or sisters. We have had a strained relationship, however she has no will and she is in a nursing home and ready to be declared incompetent. If that happens who will probate her estate. She doesn't have much, just personal property and a car. She did a reverse mortgage on her home so there is no property. I'm not sure what to do.
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.
Good Day! I'll do my best to assist you. Please remember: I only provide general information and a local attorney should always be consulted.
If there is no will, the property will go via the laws of intestate succession (ie next of kin).
Without a will, a person needs to petition the court to be appointed personal representative. For insolvent estates (debts exceed assets, often common due to medical expenses) often times a family or friend will not seek appointment as a personal representative, because after expenses are paid, the family will often not inherit, and as such understandably don't want to deal with the time, expense and possible liability of being appointed a personal representative.
If that is the case, then a creditor can petition to act as personal representative; the creditor will typically do so in order to ensure payment of any valid debts.
General information on probate in OH: https://www.ohiobar.org/ForPublic/Resources/LawFactsPamphlets/Pages/LawFactsPamphlet-17.aspx (the state where the decedent resides is the state with jurisdiction to probate)
For estates under $35,000, there is a small estate procedure which can be done and is authorized by this statute: http://codes.ohio.gov/orc/2113.03
This pamphlet is good throughout the state and explains the procedure: https://www.franklincountyohio.gov/probate/assets/pdf/Pamphlets/Small_Estates.pdf
This allows an heir to collect any personal property without incurring the costs associated with official probate.
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T
Expert:  LegalGems replied 1 year ago.
Here is a link to help locate an attorney: www.findlegalhelp.org and http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm Of course, should you have other questions please do not hesitate to post here. If you found the information I provided useful, kindly rate positive as that is the only way the site is allowed to credit me so that I am compensated for the time I spent- which does not result in additional charges to the customer. Thank you for extending this courtesy as I am an individual contributor so ratings are quite important , and take care!