The will excludes her by name. She says dad told her that she would be taken care of. She claims she is getting an attorney. He has passed away.
answered on Feb 14, 2024
Assuming your father is still alive, he could communicate with her his wishes and this would reduce the risk of litigation. He could also initiate ante-mortem probate to make sure the will gets admitted while he's alive. If she's getting an attorney, then you probably need to speak to one as well.
The will states any money in the bank or deposits on hold shall be divided.
answered on Dec 18, 2023
"on the bank account" is a bit vague. If the person named as executor was a beneficiary or a joint owner of the account, then that money is theirs, it's not subject to probate or the will, and they don't have any obligation to share it. If the executor has a bank account titled... View More
..Declaration”, and “Last Will and Testament” documents created in 2007 while residing in South Bend, IN. Since then we have changed residency to West Chester, OH. Are we required to update/modify these document to our change of residency?
answered on Oct 30, 2023
Under the US constitution, those documents are enforceable in all other 49 states. However, some documents (particularly the healthcare directives) should be looked at. In Ohio, most attorneys use forms approved by the Ohio State Medical Association and that's what most healthcare providers... View More
My son was adopted by his mother’s second husband changing his name and birth certificate.
My son has grown and his adoptive father has passed away. Son would like to have his birth certificate changed to have my name as his father. He has already changed his name back to what it was... View More
answered on Sep 18, 2023
Given these facts, I think any probate attorney may need to do some research to be truly confident as to the process needed to achieve the desired outcome. If changing the words on the certificate is truly the only desired outcome, then I'd start with the health department that issued the... View More
Is there a probate law that permits the filing of a probate administration in Ohio if all the decedent's assets are located in Ohio and the decedent was never domiciled in another State except as a prison inmate?
The decedent, a former resident of Cuyahoga County, traveled to Oregon... View More
answered on Aug 3, 2023
Interesting question. It all depends whether the decedent was a resident of Oregon. After a quick internet search, it seems there may be some authority for saying that a prisoner retains their pre-prison residency. The job of a lawyer is to do the necessary research to come to a conclusion on... View More
POA (stepmom) reduced mine & brothers %s by 20% each & increased hers by 40%. Dad had altzheimers & couldn’t have made the decision at the time it was changed. Poa had authority with restrictions to follow estate plan.
answered on May 8, 2023
Your attorney should be answering this question for you. That said, I would probably go ahead and take the lower percentage. Once the litigation begins, the company distributing the money may freeze the account. And, you may need the money to help pay for the costs of litigation. But, even if you... View More
My parents made a change to their will leaving me their home. This was signed by them and had two witnesses. My parents died a few days apart from Covid. The probate judge has had their will for over 2 years and says he never seen this. Now my attorney has to file a case law. I’ve been living in... View More
answered on Mar 20, 2023
Even if the will says that you get the house, and assuming the house is going through probate, the judge can force the sale if the estate has creditors or other beneficiaries with interests that cannot be resolved without selling the house. I advise you to ask the attorney whether s/he represents... View More
I’m being told the jewelry must be melted and molded into gold bars and sold to a broker.
answered on Jan 17, 2023
I'm not aware of any reason why you couldn't receive your inheritance in kind; assuming the estate is solvent. If the executor won't work with you in a reasonable manner, then you probably need your own attorney.
He was no longer competent my dad is his beneficiary to his will, my granny then made another will and is saying she gets all my papaws estate money & vehicles. Is my papaws will null and void now that she made another will for herself and my dad gets nothing?
answered on Jan 9, 2023
You must have "testamentary capacity" to execute a will. Testamentary capacity means that your Papaw does:
1. Understand the nature of the business in which he is engaged;
2. Comprehend generally the nature and extent of the property which constitutes his estate;... View More
In order to sell the house its in Kentucky
answered on Dec 16, 2022
You're not required to have a lawyer. Whether you would be wise to hire one is a different issue. Whoever ends up acting as the executor/fiduciary could open themselves up to liability in a number of ways.
TN resident with all next of kin (NOK) in OH. One OH NOK passed away with a will completed/signed but unable to be witnessed. All surviving NOK were aware of this will and want to abide by their NOK wishes. TN NOK was sole beneficiary. Will OH probate accept this will as valid if all surviving... View More
answered on Nov 30, 2022
The will is invalid under OH law. Luckily, it seems like the family are all on the same page so the issue 'can' be resolved. I recommend finding a local attorney to help. You may need some waivers/disclaimers/deeds signed by the family. Use the Find A Lawyer tab above.
Incapacitated Ward under Full guardianship (person/estate) in Michigan has been moved to Ohio nursing home long term care on full Medicaid/Medicare. I made the facility rep payee for SS check. Ward has one monthly bill, and basic needs/care (clothing, personal items) managed by guardianship now.... View More
answered on Nov 23, 2022
You may be required to 'transfer' the guardianship to the Ohio court. The Michigan court no longer has jurisdiction and may not be able to terminate the case unless it is being transferred. You bring up a couple other complicated issues. I recommend seeking counsel in the county in which... View More
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
You should ask the executor or administrator. If the attorney is acting as executor or administrator, then they have a duty to keep you informed. If you're dealing with unclaimed funds, then any delays could be justified.
She is my 2nd wife. After her death, I would like the remainder interest to pass to my biological children, not hers.
answered on Mar 11, 2024
I believe that you may use a TOD affidavit to transfer a life estate to one person and the remainder to another person(s). See R.C. 5302.23(6).
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
This may qualify for a release (an expedited probate process). In Franklin County, the court provides legal services to the public to help people with these cases and I believe it doesn't cost you anything. Call them at 614-525-3891 or 614-525-3894.
He was not married but had a partner of 12 years. They have an 11 year old son. We are just not sure where to turn.
answered on Feb 23, 2024
The son will probably inherit any probate assets. You should probably talk to an attorney to make sure the interests of the son are secured and protected.
My step mom claimed she was my biological mother on court documents so that she would not have to share his assets with me. She then claimed he had no belongings so that she could avoid probate court entirely. What she did claim he had was only $4,000 worth. I would like to know if I have any... View More
answered on Feb 22, 2024
Fraud can be reported to the court. I recommend having an attorney. The cost/benefit analysis is always important here because it costs money and time to convince the court that a fraud occurred.
My sister was removed as guardian recently. I was the power of attorney before her guardianship. We have had many issues with the courts and feel it is too expensive and time consuming. Is it possible to re-enact the power of attorney document or should I apply for guardianship?
answered on Feb 21, 2024
If the POA is durable, then you may be able to terminate the guardianship due to there being a less restrictive alternative available. I recommend asking your attorney about this.
My dad passed away last summer. My sister (beneficiary) has been given a check from my father's life insurance policy and we are told the funds will be available in ~2 weeks. However, my dad has a high amount of medical debt left over. Is the life insurance money safe to be used or will... View More
answered on Feb 19, 2024
Your sister gets the money and isn't obligated to pay the bills.
My stepfather left me his vehicle before he passed but it is in his and my mother's name with the word and in between and wros at the end. She passed away before he did and he never changed the title to just his name but he signed his name before he passed. Was he supposed to sign her name to... View More
answered on Jan 26, 2024
Unless there's a beneficiary on the title, the car will have to be probated. Your stepfather's next of kin are entitled to the car. If they were all willing to assign their interest to you, then you could get the car.
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