Legal Question in Wills and Trusts in Ohio
Death without a will
My daughters college roommate's mother died from complications for elective surgery. There is no will and just 2 daughters 20 and 18. The only real asset is a 10 year old car worth about $2200. Three questions:
1. How do they get the car titled in one of their names.
2. Are they required to do probate?
3. Do they attempt to seek wrongful death with the hospital and doctor?
3 Answers from Attorneys
Re: Death without a will
If the car is in your mother's name only, probate court will have to give someone the authority for the title bureau to transfer title. This could happen by applying for a release of administration. A wrongful death may be in order if the complications can be found to be negligent medical care.
Re: Death without a will
Try calling the title bureau. I believe they can provide a form to transfer the vehicle. You can transfer up to two vehicles without going through probate. Best Regards, Edward DiCato
Re: Death without a will
I have to respectful disagree with the previous answer only a surviving spouse can transfer autos without probate.
They will need to go through probate but they may be able to do a release from administration.
They should consult with a probate attorney as soon as possible.
They may want to have a medical malpractice attorney review the possible claim. If they are going to pursue a claim someone will need to be appointed administrator of the estate.
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