Can I distribute the deceased’s personal items while taking their checking account through probate?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I distribute the deceased’s personal items while taking their checking account through probate?

My aunt passed away with no Will. The only probate item is her checking account with $1800 and a savings with $400. Her remaining personal possessions in her small apartment might be worth $500-$800. She has a few bills, student loan ($1600) medical co-pays ($2500) and few other minor bills. Can I proceed to distribute her personal belongings from her apartment apart from getting probate processed? Or do I have to store the stuff in case it must be used for bills?

Asked on April 2, 2012 under Estate Planning, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  I would wait to distribute anything unless it has no real value other than sentimental value.  You may have to have a tag sale to raise funds.  It sounds, though, as if her estate may be a wash.  Try and negotiate the bills down explaining to the creditors that the estate is insolvent.  Good luck. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption