Attorney did this against our will. Said the grantor requested only his name be put on. Is that legal? This has caused major issues amongst the family. We paid for the house over 8 years paid cash to his mom. It was a quit claim deed. My name should of been put on right beside his at the same time.... Read more »
answered on Jan 27, 2023
He can quitclaim deed the property from himself to both of you with survivorship rights. If he's not willing to sign a quitclaim deed, then it gets more complicated.
answered on Jan 25, 2023
The most common way is for her to sign a new POA that includes language revoking any prior POA. You may want to consider recording the new POA as well.
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.
answered on Jan 17, 2023
I'll refer you to the table of consanguinity.
https://heirsearch.com/wp-content/uploads/2019/06/consanguinity_chart_web.pdf
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;... Read 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... Read 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.
Inherit some land but has passed away. The land would have gone to my mother who also passed away. My cousin wants my siblings and myself to sign a deed gift receipt so she can own the land free and clear (she said a surveyor determined the land my father would have received and her house have been... Read more »
answered on Nov 30, 2022
Land generally does not pass by word of mouth. If your cousin wants you to sign something, then you are probably entitled to a share of the house. Use Find A Lawyer 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.... Read 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... Read more »
My attorney says ..because they in 2012 eliminated the estate tax in ohio…
No one gets 1% on non- probated property.
The non-probated property was worth over a million dollars( IRA and 401k passed directly to beneficiary’s.
The owner passed away in 2020
answered on Nov 14, 2022
Ohio Revised Code 2113.35(B):
"Executors and administrators also shall be allowed a fee of one per cent on the value of all property that is not subject to administration and that would have been includable for purposes of computing the Ohio estate tax, except joint and survivorship... Read more »
June 2022 probate was over.
answered on Nov 2, 2022
If the final account was filed in June and you're still not paid, then the fiduciary probably has no plans to pay you at this point. You need to talk to an attorney about this.
My father made my brother medical and financial power of attorney as well as executor of his estate. Before he died, Dad was in a nursing facility for nearly a year, and my brother drained all his accounts, paid off the house and then transferred it into his name. My brother also spent some of my... Read more »
answered on Oct 10, 2022
If he presents the will to the probate court, then the judge is not going to approve a final account unless each beneficiary of the will gets his/her share.
As to assets that were transferred prior to death, this is probably theft or breach of fiduciary duty. Your stepbrother needs a lawyer... Read more »
answered on Oct 7, 2022
Experience is important. So, also look for a firm that limits its practice to estate planning and probate. We have done thousands of estate plans and don't do bankruptcies, criminal law, or personal injury. Feel free to reach out!
His father paid for the funeral. The county courthouse gave us info that his father can fill out paperwork to take ownership of the vehicle but he refuses to do so since he believes it’s not his responsibility. Communication is not an option. What steps can I take to dispose of the inoperable... Read more »
answered on Oct 3, 2022
If you don't want it, then have it towed. Eventually the towing company will sell it to pay for storage fees.
answered on Sep 29, 2022
Yes, Ohio law allows out of state executors in many circumstances. And, an agent under a POA may live out of state.
Nothing in the Will or Trust speaks to any such “advancement” nor are there any signed loan paperwork, or repayment schedules, nor is anything written on any of the Grantor’s check’s signifying check as an advancement or loan. Trustee only claims the Grantor said to withhold this... Read more »
answered on Sep 28, 2022
This has some serious family drama issues. Can a Grantor verbally amend a trust? Yes under certain circumstances. But the issue is whether this actually happened. Get a lawyer!
answered on Sep 26, 2022
R.C. 5808.17(C): A release by a beneficiary of a trustee from liability for breach of trust is invalid to the extent that it was induced by improper conduct of the trustee or that the beneficiary, at the time of the release, did not know of the beneficiary's rights or of the material facts... Read more »
My brother died last week. We though he had no will. We found one today. His only son, my nephew is 16 and the will states that he leaves everything to him. His ex-wife has hired an attorney. My brother left his son some jewelry and some silver coins. His home loan was maxed out and the house needs... Read more »
answered on Aug 22, 2022
Sorry for your loss. First, you are under no obligation to do anything. But, I would probably wait 6 months (the Ohio statute of limitations for unsecured creditor claims) and then file for a release from administration to transfer the automobile title to his son. And, yes, you may waive your right... Read more »
My mother had a stroke a few months ago and she gave me power of attorney but she didn't print her name and I had to get an updated one I did but since then she had an aneurysm and can't speak or talk And the bank wants to call up to the rehabilitation hospital she is in Right now i... Read more »
answered on Aug 10, 2022
If the bank will not allow access under the power of attorney, then you will need to establish a guardianship and be appointed guardian of the estate by the probate court.
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