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Do I need to file for probate if my mom had no will or assets?

Do I need to file for probate if my mom had no will or assets?

Q: What happens if someone dies without a POA?

If someone dies without a power of attorney, their financial and medical decisions made while alive cannot be managed posthumously. The estate will be handled through probate, and if there is no will, state intestacy laws will dictate how assets are distributed and who will manage the estate.

Q: What has no legal power after a person dies?

Documents like a power of attorney and a living will lose their legal power upon a person's death. After death, the estate is managed according to probate laws, and any decisions regarding the deceased's assets and affairs must be made through the probate court.

Q: Who has legal authority over the body of the deceased?

The legal authority over the body of a deceased person typically falls to the next of kin or the executor of the estate if one has been appointed. They are responsible for making arrangements for burial or cremation and handling any related matters, such as obtaining death certificates.

Q: What document has no legal power after a person dies?

A power of attorney document has no legal power after a person dies. Once death occurs, the authority granted under a POA ceases, and the estate must be managed through probate according to state laws, often involving a court-appointed administrator.

Full question:

My mom passed away on 11/9/06. She lived with me. I am the second oldest child. I had medical power of attorney. She has no will. She has no assets (only debt)- No jewelry, no home, no car, only the clothes in her closet. She had a 10k life insurance policy. My husband is the beneficiary and is using 8k of that for her burial expenses. She leased a car and they want me to file with probate court. What should I do?

Category: Wills and Estates
Subcategory: Probate
Date: 04/07/2025
State: Ohio

Answer:

I assume the 'they' refers to the leasing company for your mother's car. You are not required to open an estate since there are no assets, only debts. Creditors have the option to open an estate if they choose to do so.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if someone dies without a power of attorney?

If someone dies without a power of attorney (POA), the authority to manage their affairs ends with their death. The deceased's estate will need to be handled according to state probate laws. If there is no will, the court will appoint an administrator to manage the estate and distribute assets, if any, according to the state's intestacy laws.

How to get power of estate after death?

To gain power over an estate after someone's death, you typically need to file for probate in the local court. If there is a will, the executor named in the will will manage the estate. If there is no will, the court will appoint an administrator. This process involves submitting necessary documents and may require notifying creditors and beneficiaries.

What happens if someone dies without a POA?

What has no legal power after a person dies?

Who has legal authority over the body of the deceased?

What document has no legal power after a person dies?

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