Can I distribute the deceased’s personal items while taking their checking account through probate?
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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 12 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.
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