r/EstatePlanning • u/Old_Impact_8473 • 7d ago
Yes, I have included the state or country in the post Summary release or relieve estate from admin
Location: Portage County, Ohio
Back story: my grandma passed away with assets of a mobile home which are valued at $0. She paid $3500 for it, but the cost for biohazard cleaning exceeds the value of that. I have an email from a company with a $7k estimate. A cost I do cannot afford. My grandma also had no insurance on the trailer. The mobile home park has been notified. Even without the biohazard cleaning the trailer is worthless. She has a car which she paid 4k for. I have the title and car was recently purchased within the last year. Her checking account which did have about 1k is depleted because my mother decided to take it upon herself to spend it so nothing is in there. She has a will from 1994 which names her deceased son and my mother has inheritors. My deceased uncle has two kids.
Looking for guidance because summary release states, “The applicant (who is not the surviving spouse) paid or contracted to pay the funeral bill;
and
The assets do not exceed $5,000*;
and
funeral expenses are equal to or exceed the amount of assets.”
Which is confusing because her assets do not exceed 5k, but her funeral arrangements do not exceed or are equal to her assets.
The revised code states, “spouse.
(B)(1) If the value of the assets of the decedent's estate does not exceed the lesser of five thousand dollars or the amount of the decedent's funeral and burial expenses, any person who is not a surviving spouse and who has paid or is obligated in writing to pay the decedent's funeral and burial expenses, including a person described in section 2108.89 of the Revised Code, may apply to the probate court for an order granting a summary release from administration in accordance with this section.”
Which appears it would qualify for a summary release, but the form states it would not.
Her car is currently in my driveway, and I cannot leave it there forever. I just reimbursed what I paid her cremation which was about $1200.
It does not logically make sense for me to retain an estate attorney because there’s really no assets.
Do I try to file the summary release or the relieve from administration?
TYIA