Brother Died

[dchristie]

What is the name of your state? New Mexico
My brother was recently killed in an auto crash. Before any of his siblings could get to the state in which he died, our Uncle and Mother made themselves legal next of kin and executor of the estate. All the siblings including my brother have/had a very strained relationship with our mother, and this uncle is very distant. Unfortunately at the time of my brothers death he was staying with this uncle, he was in the process of moving to Michigan. The problem is that my brother would not have wanted our mother in control of anything of his. Also, the uncle is refusing to turn over personal property that belonged to my brother, stating that since he lived with him (around 2 months) that legally all the things belong to him. Is it possible to contest a next of kin status. My brother died in Ohio. I live in New Mexico.

 

[frankrozanc]

Administrator contest

You can file objections as to the appointment of an administrator, but you must act quickly, as there is a 90 day limit from date of appointment. You cannot object to any actual or propsed distribution, as your mother is the next-of-kin under law, and she must be removed before you can get anything.

 

[Dandy Don]

There is no need to file an objection until the determination is made as to what state probate is being done in.

What state IS the probate being done in?

And more importantly, did he leave a last will and testament and is mother named in it to be executor?

He had no wife and children, correct?

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

 

[Dandy Don]

Why no response to some important questions?

Normally the state where the death occurs is the primary factor determining where probate will be held. If estate is being probated in Ohio, the if there is NOT a will, the primary persons with priority status to inherit an intestate estate are the siblings (brothers and sisters equally).

If estate is being probated in New Mexico, then it is the parents (your mother) who will get everything. So if estate is being probated in New Mexico you need to be getting an attorney to get this changed to Ohio.

And it doesn't really matter who is executor since they will be only getting a small percentage fee of the estate.

DANDY DON IN OKLAHOMA (tiekh@yahoo.comP

 

[dchristie]

brother died

Yes, the state my brother died in is Ohio. I am a little concerned about the 90 day expiration. Our Mother ran to the lawyers on July 25, just the next monday following his death. How long does it normally take to have this go through court, and can an extention be placed in order to protest. I am in the process of finding an attorney now. Thanks for your help.

 

[frankrozanc]

Objection time limits

As potential next of kin, you are entitled to notice of probate of the will. Have you received such notice? What Ohio county is the probate in?

 

[dchristie]

No I have not received any notice. Also he did not have a will, nor a wife or children. I believe it is union county. The city is Marysville Ohio. None of the siblings have been made aware of any involvement with the courts. Will this help if I file beyond the 90 days.

 

[dchristie]

No my brother did not have a will. He had on a former job listed our younger sister as his beneficiary.

 

[frankrozanc]

Court info.

Your best bet is to call the Court at Union County Probate Court Judge Charlotte Coleman Eufinger Courthouse, 215 W. 5th Street Marysville, Ohio 43040 Phone (937)645-3029 Fax (937)645-3160 www.co.union.oh.us, as the Court does not have an online docket, and see if an estate has been filed for your brother.

 

[anteater]

No I have not received any notice. Also he did not have a will, nor a wife or children. I believe it is union county. The city is Marysville Ohio. None of the siblings have been made aware of any involvement with the courts. Will this help if I file beyond the 90 days.

If brother had no will and no surviving spouse or children, Ohio intestate succession puts parents next in line to inherit:

Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to:

Decedent's children or their lineal descendants, per stirpes.
Decedent's parent or parents equally.
Decedent's brothers and sisters or their lineal descendants, per stirpes.
One-half to the paternal grandparents of the decedent equally, or to the survivor of them, and one-half to the maternal grandparents of the decedent equally, or to the survivor of them.
One-half to the lineal descendants of the deceased grandparents, per stirpes. If there are no such lineal descendants, then to the surviving grandparents or their lineal descendants, per stirpes. If there are no surviving grandparents or their lineal descendants, then generally to the next of kin of the decedent.
Stepchildren or their lineal descendants, per stirpes.

http://www.finance.cch.com/pops/c50s10d190_OH.asp

 

[dchristie]

So what I understand you to say is that the state of Ohio declares Parents next of kin. What if all the siblings disagree, like in this case. All of his siblings know that this would not have been his wishes. Is there anyway possilbe to fight this. I have personal correspondence from my brother stating his feelings on our mother.

 

[dchristie]

Sorry I almost forgot my manners. Thanks to all of you for your help and your expert advice. You have helped me more than anyone I have spoken to.

 

[frankrozanc]

Intestate succession

Unfortunately, when there is no will, the state statutes take over, and there's nothing that anyone can do about it, although it is possible to get one of you appointed administrator instead of her.