Estate Question for Ohio

My brother was killed in an auto accident three months ago, he was 18 years old. The driver was driving an uninsured vehicle at the time, my parents had a small life insurance policy through their car insurance co for approximately 5k, which barely covered the funeral/cremation expenses. My parents have a lawyer (who isn't really keeping them well informed or answering questions to their liking) and he says there is a possiblity that my parents car insurance will pay an additional death benefit under the uninsured motorist clause of the policy.

He died intestate, my step-father (his father) was appointed executor of the estate, his mother attempted to become co-executor, but didn't show up for court when the decision was to be made, she also paid none of the funeral, cremation, or hospital/EMS expenses. He had no real property other than an older model truck, maybe worth 2k and a few hundred dollars in a checking account. He also had a small debt in the form of a co-signed credit card (by his step father) approximately 5-600 dollars. His step father wants money to pay this debt and we suspect his mother smells money and is in it for whatever she can get out of it. I have two questions.

One.

Is that debt transferred to the co-signer upon the death of my brother or is it collectable from the estate?

Two.

His mother, since she didn't actually incur any expenses at all due to the death of my brother (other than the small cc debt) is there any way she can request or be granted money, if any is received in the form of an insurance payout? And is life insurance paid out by my parents insurance co considered to be part of his estate?

This is being dragged on by his mother and is causing nothing but grief for my parents. Any help or direction would be greatly appreciated.

The step-father has always been jointly obligated for the cosigned credit card from the day that loan was originated, if he in fact did sign that original contract. He agreed to repay the loan, regardless of what happened to the primary account holder. The lender is entitled to and probabily will most likely pursue the cosigner (and not necessarily the estate) in an attempt to collect on their debt. However, the executor of the estate will typically pay off all outstanding bills before he disburses any assets among the beneficiaries. Your step-father is risking his own credit history if he's waiting to collect funds from the estate rather than making the required payments on time.

In regards to your brother's insurance proceeds, these will most likely be equally distributed among all beneficiaries the court determines are eligible. In the case of intestate, this typically consists of all family relatives related by blood lines and not necessarily by marriage, so yes, your brother's mother would typically be entitled to an equal percentage of the assets. (as would you, too.) Benefits paid under a policy (your parents') that wasn't in your brother's name aren't likely to be considered a part of his estate.

Good luck to you and your family. I'm very sorry for your loss.

Without having seen the credit card agreement, it's hard to say. However, if the father was merely guaranteeing collection, and was not an authorized user, it will probably be paid from the estate first.

Of course, if it's not paid from the estate first, the father can seek contribution from the estate after he pays the credit card company.

Life insurance payouts are completely outside of the estate. The beneficiary will be determined by the insurance policy, and not by a will, statute, or probate court.