Close her estate without going through lengthy process to cash small check?
answered on Mar 12, 2023
Depending on the circumstances you may be eligible to obtain a release from the Court from a full probate and obtain an order regarding payment of the check. I suggest sitting down with a probate/estate planning attorney to discuss in more detail.
Best of luck.
answered on Mar 7, 2023
I encourage you to sit down with a probate attorney. The first question I would ask is why are you seeking to probate the Will? What are the assets, where was the primary residence, were they set to pass through another testamentary mechanism?
At a basic level, if you are looking to find... Read more »
answered on Mar 7, 2023
I recommend sitting down with an estate planning professional to discuss. If your mother makes such a transfer it could be subject to gift taxes. Additionally, if she were to need benefits under a needs based assistance program like Medicaid, such a gift would impact her eligibility and may mean... Read more »
Hi, I have a situation where both of my parents (whom were married)are deceased. There are 3 children but I am my father's only biological child. My brother and sister are not my father's bio children nor were they ever formally adopted. Recently, I was contacted by a company that finds... Read more »
answered on Mar 7, 2023
The short answer is probably not. A more detailed look at the assets and any estate planning documents would be needed. Timing is important as well.
Best of luck.
My father-in-law passed away and my husband and his brother and sister don't get along with their stepmother. We received a waiver of notice from our local Ohio probate court listing the stepmother as administrix of my father-in-law's estate since he passed without a will. They don't... Read more »
answered on Mar 2, 2023
If you don't sign the waiver of notice, then the applicant must send you formal service of process to notify you of the application to administer the estate. You will get a hearing date and have the opportunity to voice your concerns to the judge.
All in all, it sounds like you may... Read more »
What do I do with the check. He had no will. His two children are grown adults. We owed nothing as far as property or vehicles or financial accounts. Desperate in akron,ohio
answered on Oct 27, 2022
I recommend contacting the pension company to see how things were set up. If you are indeed the beneficiary, then the bond company will usually re-issue the check in your name. On the other hand, if you are not the beneficiary on the account, then the check is an estate asset and you need probate... Read more »
I do not want to go to probate court, the dealership has possession of the car and cut me a check i used to pay funeral costs. it is no longer on my credit am I still responsible for the car?
answered on Oct 4, 2022
Probably not. It sounds like the vehicle was repossessed by the dealership. Until a vehicle is paid in full, the title does not pass to the purchaser. When a vehicle is repossessed they go back and resell the vehicle. What happens with the either refund (if the sale exceeds the balance on the... Read more »
answered on Oct 4, 2022
In short, it depends on how the notary is signing. If they are just notarizing a signature, no it does not work. If they are signing as a witness, then it may. I would have to refer you to Section 2107.03 of the Ohio Revised Code (link below). It's going to depend on the specifics on... Read more »
The estate in located in Ohio. I have also begun the probate process. I have letters of authority. I also have submitted the inventory list to the court, currently awaiting approval. I'm basically asking what are my steps to sell the home legally?
The home does currently have a... Read more »
answered on Sep 27, 2022
It's not the answer you're going to want to hear, but it depends on many other factors. Probate can be very complicated. I highly recommend sitting down with an attorney to review the situation in detail and advising you.
Best of luck.
The time to go through probate in this case has passed so I am looking for other options by which to transfer title to the heirs
answered on Sep 22, 2022
The answer varies somewhat from state to state. Generally speaking, if probate is passing "intestate" that means that no Will was completed. It gets to the heirs at law through probate and must be approved by the Probate Court. Otherwise, property can pass to another through operation... Read more »
I have lived in family house about 30 years, maintained all of it, paid all taxes to date. My mom used priest many years ago to put house in me and my bro name when she died but house only went in his because of a nasty divorce I had when younger and I cannot find the priest or have paperwork. My... Read more »
answered on May 23, 2022
There is no short answer to this question. I highly recommend sitting down with an attorney to see if there are any avenue's you can take in trying to keep the house.
Best of luck.
answered on Apr 20, 2022
I agree with Mr. Epling. Typically it means that the agents must act unanimously, as opposed to independently of one another.
Would it be possible for me to win a lawsuit against the city of University Heights?
answered on Feb 14, 2022
Potentially. I highly recommend sitting down with an attorney asap. Getting a jump on things and preserving the evidence can make or break your case in many instances.
Best of luck.
The trust was in his and his two sisters name
answered on Feb 13, 2022
In short, it depends on the terms of the trust and what items were moved into the Trust. I recommend getting a copy of the trust and sitting down with an attorney who practices in this area of law.
Best of luck.
My sister passed and her husband passed years ago as well. She has 2 daughters that are 7 and 9. Can my brother be the fiduciary from out of state. Also, would the executor also be responsible for the deceased SS benefits for the kids?
answered on Feb 10, 2022
If your brother was named an executor in the Will then yes. If he was not named, then no he cannot be an out of state executor.
over a week ago. I need a POA to pay the bills and keep the house running while she is in rehab (and maybe then some.) She is aware of what's going on but I don't think she can physically sign anything. I told her that I need a POA and she's agreeable to it. I'm not sure what... Read more »
answered on Feb 9, 2022
From the facts here it sounds like you need a financial power of attorney. The procedure is spelled out in Chapter 1337 of the Ohio Revised Code. To ensure your POA is valid and likely to be honored I recommend meeting with an estate planning attorney to work with you.
Best of luck.
answered on Feb 9, 2022
It depends on the attorney. I typically do not charge for trust analysis depending on how in depth the analysis needs to go. You can just check around and see if you can find an attorney who will do the same.
My partner and I had a business together. The business is under his name. I am unsure how the son needs to sort that out as well as his other business and even personal things needing to be done with possibly taxes, debts or assets.
answered on Feb 1, 2022
Determining how a business is to be handled is a complex question. You need to review the operating agreement or bylaws depending on how the business is organized. I highly recommend sitting down with a probate attorney to review the situation in detail and advise you.
Best of luck.
Would it go to the family of the original owner or into the estate of the person who was supposed to receive it? This person died before it could be filed with the recorder
answered on Jan 28, 2022
See Section 2105.32 of the Ohio Revised Code. If the beneficiary survived the original owner my more than 120 hours, then his or her rights in the property vested. The rights to the property go to the estate of the beneficiary. These are of course general statements and not advice particular to... Read more »
My aunt passed away, and she doesn’t have any children, she was divorced, and her parents have passed on. I assumed that the next of kin would be the next blood relative, which would be my mother, because my mother is the oldest sibling. The hospital that my aunt passed at stated that another... Read more »
answered on Jan 7, 2022
Your question implicates multiple provisions under Ohio's Revised Code.
Ohio Section 2108.70-2108.99 will be pertinent to your situation. I have included a link below to the chapter. All in all, you may need to retain an attorney if there is a dispute regarding your aunt's... Read more »
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