Legal Question in Wills and Trusts in Ohio

My mother passed away September 24th, 2012. She didn't have life insurance and my brother and I covered the funeral expenses out of pocket. My older brother has drug his feet in closing out her bank account so we can use that money to purchase a headstone for her grave. She had little assets and just a few hundred dollars in her account, but the money would help. As the younger brother, am I able to take the lead in closing out her account? She was on disability and doesn't have any outstanding creditors to my knowledge. Any help would be greatly appreciated...

Asked on 3/10/13, 8:58 am

1 Answer from Attorneys

Christine Socrates Christine Sabio Socrates, Attorney at Law

I am sorry to hear about your mother's passing. Did she have a will? Was your brother appointed executor of her estate? Was this account titled in her name only? If your mother had a will appointing your brother, it is his responsibility to probate her assets or in this case since it is a small bank account, do a release of assets to get court permission to access that money. If she did not have a will, then any sibling could take this responsibility. If you need further assistance please contact me.

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Answered on 3/11/13, 6:17 am

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