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?
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 »
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.
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.
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.
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 »
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 »
The short answer is maybe. The law changed in 2017 and may afford you ways to transfer title to these motor vehicles without probate. In order to determine you options you would need to sit down with a qualified lawyer near you to discuss.
I'm not sure the question you are asking is truly what you intend. A power of attorney is a document where one person gives another the authority to take certain actions for him or her and in his or her place. If you are a competent adult you can do this and do not need any else's...Read more »
This situation does not sound correct. Unless the title to the motor vehicle was set to pass through a transfer on death designation, the BMV should not transfer title to anyone else until authorized by the probate court. If the vehicle had a transfer on death beneficiary named, then it should...Read more »
Since she is the next of kin... my aunt not my mom's sister..asked for Ashes to b put on side for us family.she is saying there is none.i called funeral home to find out about ..they said 2 packets were made on side and given to her she is saying that there is none...nursing home is saying... Read more »
No question is asked here. If you are questioning who has the legal authority to say what happens with a loved one's remains you should look to Section 2108.81 of the Ohio Revised Code. (link below) That is, unless your brother executed a separate declaration changing the law's default...Read more »
My sister was appointed Executrix of my Fathers estate and another sister Trustee of his trust. The day after my Fathers funeral service the Executrix and her husband and kids started to go through my Fathers house and started clearing it out and giving stuff away on top of whatever she took for... Read more »
The answer depends on a number of additional factors. A key issue that needs to be addressed is whether the household goods were considered a probate asset, or an asset of your father's Trust. As the other attorneys have advised, the analysis is too complex for an answer on this forum. You...Read more »
Typically you sign a waiver before participating in those types of activities. Unless the place was grossly negligent, you probably cannot sue. I would review the documents you signed. At the end of the day you would need to sit down with an attorney for a full consultation before he or she...Read more »
Now she is trying to kick them out because they are only the step kids but my grandpa's wishes was for them to stay on the property and it be divided between the kids after she dies but she's trying to kick them out is there something he can do
It all depends on how title to the property is held, how your grandfather's wishes were memorialized. You need to sit down with an attorney so he or she can take a detailed look at the entire situation and provide some guidance.
Both my parents are deceased. They did own a trailer but the landlady of the park took the trailer and any assets inside and all that is gone now. There is only a bank account left. They did not have a will and I was power of attorney for my mother before passing . Is it possible for me to be able... Read more »
Unless the account was set to pay on death to a beneficiary, then the only way to access those funds is by going through the probate process. The process can be complex, although as Mr. Jaap said, there are occasions when a simplified process can be used. If you want to try doing it yourself I...Read more »
How an investigation proceeds is to a certain extent up to the discretion of the investigating officer. While there can certainly be arguments about partiality, if your wife witnessed the incident then she may be called upon to testify later. (Either as a defense or prosecution's witness)....Read more »
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