My lawyer has control of my father’s estate. Ohio commerce has 120 day processing turnaround. This was supposed to be done in August 2023 when he first received it.
answered on Mar 27, 2024
The probate courts in different counties of Ohio have different rules for when property can be distributed. In most counties I've worked in, real property cannot be transferred until the Inventory in the estate has been filed and/or approved. Some counties can transfer personal property... View More 
Ohio. He would like to gift the 2009 car to me. He will be applying for Medicaid when his funds run out. How should I proceed? I don"t want him to have any problems with Medicaid if he does this.
answered on Feb 7, 2024
It is good that you are recognizing this could be a problem up front, so that it can be handled. There are two ways to approach it. One is to accept there is a penalty for an improper transfer, and arrange to pay (value of car/average monthly private pay rate for this year, currently $7,453 =... View More
Yesterday someone from the nursing home put paperwork that says I am responsible for her bill.
answered on Nov 12, 2023
As long as you did not sign documents as the responsible person for your mother's bills, you are not responsible. If you were your mother's agent under a power of attorney, and if you signed as her agent, you should have put a POA by your name to designate that you weren't signing... View More
I received a “Notice of Probate of Will” letter and it says I’m “A person who would be entitled to inherit from the decendent had the decendent died intestate.” My dad died a few years ago he had a will and his mother died a few months ago also with a will.
answered on Nov 10, 2023
You received the Notice because you are next of kin; it is just to inform you that your grandmother's will was filed with the probate court in the county where she lived. You will need to look online to see what the will says. You would be entitled to your father's share of your... View More
Will my brother and I receive the inheritance that way? He is married to a woman that is not our mother and plans ot leave her his house and other assets. I am trying to get him to set up his will, but if he died tomorrow, would we receive money from the accounts we are beneficiaries to? We reside... View More
answered on Aug 25, 2023
You will inherit anything that lists you as a beneficiary. A will only controls assets that go to probate court, which are assets not jointly owned, having no beneficiary, or not in trust.
I have since closed the bank account but now I am trying to buy her vehicle that she owed $8000 on before her death. When I file probate paperwork (I’m executor of the estate) to try and get the car, do I need to list all of her assets like the house and money that was in her account even though... View More
answered on Mar 7, 2024
You only list those assets that are probate assets. Anything passed by a TOD or POD or a joint owner is not a probate asset.
His will splits his estate 50-50 between my sister and myself. I have financial POA.
answered on Feb 9, 2024
A will does not avoid probate. You can consult an attorney to prepare a Transfer on Death Affidavit to record with the Recorder's office. That will transfer outside of probate. Alternately, you can create a trust and transfer the condo to the trustee.
My husband died three weeks ago, leaving a will with me as sole beneficiary and executor. Cremation is fully paid for, and there are no children, no previous marriages, his family are all deceased. My husband's house has already been transferred to me by a Transfer on Death affidavit, so no... View More
answered on Feb 4, 2024
ProSeniors is correct. From your description, the only asset you would have to probate is the $40 bank account and it would cost more to probate it than it is worth.
They live in Texas, are not related to me, and state their attorney requires certain information. I am concerned about a swindle. Are there any instances that require more information than a name? Will they need my SSN? Bank account info? Etc.?
answered on Jan 10, 2024
It is likely that they would ask your name and address, so that they can keep you informed regarding the estate. They should not ask confidential information like SSN, bank accounts, etc. If something they asks makes you uncomfortable, don't do it.
She has been on deed for over two years and lives with me is home protected for her if I need medicade
answered on Jan 5, 2024
You should contact an elder law attorney. You MAY be able to transfer the house to her if you need Medicaid, but if you contact an elder law attorney, they would be able to advise you as to whether that is possible.
answered on Dec 26, 2023
The POA does not have to list individual properties. It should say something similar to "to lease, rent, manage, contract to sell, sell, or convey real estate by deed or any instrument".
My elderly parent is incompetent. She stopped taking her medications, stopped going to her doctor appointments. Is losing her memory. Being scammed online. The list goes on. But I am not in the position to apply for guardianship. I'm struggling with my own responsibilities. I can't be... View More
answered on Aug 6, 2023
There are organizations who can serve as guardians. Look on the Internet for those organizations which operate in Hamilton County.
we want to protect our daughter when we die.. what do we have to do to make sure she gets our house and life insurance policies. i dont want her to end up in probate court with our house, we do have a niece that can take care of her if we die before she turns 18. i want the best way to get things... View More
answered on Feb 20, 2023
The best way to take care of your daughter and to avoid probate is to create a trust. You can specify how money will be used while she is a minor and whether she inherits everything at age 18, or it is phased out to her.
answered on Oct 7, 2022
You can search for an estate planning attorney on Justia or on Avvo. Both list attorneys by location and type of law they practice. When you see one that you would like to know more about, you can look at their website, the reviews that their clients have left, and just general information about... View More
He listed my sister and her two children as beneficiaries. His attorney who wrote the will stated to me, as long as the house and property weren’t probated it fell into the rest and residue of the estate of which I am named as a beneficiary along with the previous 3 people. I don’t know what to... View More
answered on Aug 14, 2022
I don't know what you mean by a TOD Will. There is a Transfer on Death Designation (TODD) Affidavit, which specifies who will inherit the house after the grantor's death, outside of probate. Anything with a beneficiary, like the TODD Affidavit, will transfer outside of probate and will... View More
His aunt is trying to do it but has not gotten the paperwork done yet
answered on Apr 20, 2022
If there is no will, anyone can apply to be an Administrator; there is only an Executor if there is a will. But the son will be notified and can object to it.
I was told I could not be executor of my parents estate because I reside out of state. Is that a nice to have condition or a need to have requirement. Also, I was sent a waiver of notice of probate of will from my brother without explanation to sign. Why should I sign this document. Did not... View More
answered on Apr 20, 2022
Someone living out of state can be an Executor, who was named in the will. They cannot be an Administrator, who handles the estate when there is no will. Signing a Waiver of Notice of Probate of Will indicates that the Executor or Administrator does not need to send you certified mail telling you... View More
answered on Feb 28, 2022
You may have to go to probate whether or not there is a will. Probate property is that property which does not have a beneficiary or a joint owner, and is not in trust. For example, IRAs often have beneficiaries. If the beneficiaries are living, the IRA would transfer without probate. Married... View More
My mother's estate has just received refund checks and I filed IRS taxes. Now expect State and Federal refunds
answered on Feb 23, 2022
You will need to file a Report of Newly Discovered Assets. Some counties provide a form, while you may have to make up the form for other counties. If your county has a form, it would be available online at the court website.
She passed away suddenly and I have the paperwork printed out, but need to know the easiest route to close her bank account, and switch the title to her truck into my name.
answered on Mar 3, 2021
I am sorry for your loss. If your mother's name was the only one on the bank account and the truck, you will need to open a probate estate. There are 3 different sizes of estates, based on the value of the probate assets. You should check the website of the probate court of the county where... View More
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