Your current state is Ohio
I got the "Statutory Durable Power of Attorney" "Directive to Physician", and "Medical Power of Attorney" documents done today. When I asked for additional copies, the secretary unstapled the documents and made copies. Is this acceptable? I was told it is fine for... View More 
answered on Mar 28, 2024
Yes everything but the Will. In Texas the Probate Court clerk is supposed to review the Will and make notes when filed if staples appear to have been replaced, etc. As for the Durable Power of Attorney, Medical Power of Attorney and Healthcare Directive these documents are commonly unstapled and... View More
My father was a resident of Connecticut and owned property there, but was recovering in a short term rehab near me in Massachusetts at the time of his death. I can't seem to get a straight answer on which state I need to file a probate case. He was only in Massachusetts 68 days and intended to... View More
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answered on Mar 28, 2024
Consult with a probate attorney in CT for advice on venue. Sometimes it is better to venue shop, especially in view of estate creditors and asset location. Or it may make no difference except to the fiduciary's convenience.
My father was a resident of Connecticut and owned property there, but was recovering in a short term rehab near me in Massachusetts at the time of his death. I can't seem to get a straight answer on which state I need to file a probate case. He was only in Massachusetts 68 days and intended to... View More
answered on Mar 28, 2024
Based on the information you provided, you would be better off filing in Connecticut. It sounds to me that he was a resident of Connecticut, and was only temporarily in Massachusetts. Also, because he has assets in Connecticut, the Connecticut probate court, would certainly have jurisdiction.
My father was a resident of Connecticut and owned property there, but was recovering in a short term rehab near me in Massachusetts at the time of his death. I can't seem to get a straight answer on which state I need to file a probate case. He was only in Massachusetts 68 days and intended to... View More
answered on Mar 28, 2024
Your father's domicile controls, which is where he lived with an intent to return. If he has a CT condo, receives mail there and intended to return, then probate court for the town of his Connecticut residence would have jurisdiction.
My father is 84 years old in the early stages of demensia/Alzheimers. He has a girlfriend (58 yrs old) who has lived with him for approximately 6 years. If my father goes into a nursing home or passes what rights will she have, if any? To my knowledge, he has a will that my mother and him put... View More
answered on Mar 27, 2024
There is no such thing as common law marriage in MIchigan. There are no rights obtained from co-habitation. You appear to be on the right path but I would suggest that you also have a complete estate plan prepared for him including a trust while he is still competent enough to know what he is... View More
Will a letter of intent work for personal items, manuscript, etc instead of a will? Would a make your own will work, what form/doc is needed? Or does one need to go through a do your own legal office? Price? OR make some kind of real, more expensive will. IS lawyer needed? Due to no family what... View More
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answered on Mar 26, 2024
In California, if you pass away without a will (intestate), your assets are distributed according to state laws, which typically means your closest relatives will inherit. However, if you have no family, your estate may escheat, or revert, to the state. Personal items, manuscripts, and artworks... View More
Will a letter of intent work for personal items, manuscript, etc instead of a will? Would a make your own will work, what form/doc is needed? Or does one need to go through a do your own legal office? Price? OR make some kind of real, more expensive will. IS lawyer needed? Due to no family what... View More
answered on Mar 26, 2024
It is highly recommended that you have either a will or a living trust in place to transfer assets after passing. A will must be probated through the courts, so a living trust is another option which allows you to bypass probate if set up properly. What documentation you need is highly dependent... View More
We don't have a large or very complicated estate, I don't think, and we only have 1 heir that everything will go to (our 23 year old son, who does not live with us). But we do have our house and also some land in another state, in addition to the normal retirement accounts, savings... View More
answered on Mar 25, 2024
Yours appears to be a straight forward basic estate plan, one that a Will plan would work well. The property in another is or can be problematic and a review of which state the property is in would be necessary. That being said a basic will, power of attorney and health care directive for each of... View More
My husband and I are divorcing. We put our house on the market and it is scheduled to close on 5/1. He was arrested on 3/20 and is in jail because he has a $2million cash bond. Unless he changed the estate plan, I have POA. Can I sign for the closing/deed if he is in jail?
answered on Mar 25, 2024
If you have the original POA, with the actual original signature, and it has not been revoked, you could use it to sign the deed for your closing. You should check with your husband to verify that it has not been revoked, and you should give the original POA to your closing attorney for review.... View More
We live together in Ohio and have one minor child and are not married and never were. My ex refuses to leave and also will not pay the mortgage (his agreed half of the bills when we bought the home).
How can I get my EX name off the property since I have been the only one paying the... View More
answered on Mar 25, 2024
What you want to do is not impossible. It is however highly improbable. What you will need to do as file and action called partition period you should seek out attorney who regularly practices real estate law in your county. It would be better still if that attorney practices family law. You only... View More
I want to make the parties involved accountable for the pain and suffering im living day to day after my sons death. I spoke to all parties..i signed release of body for cremation yet they let another person step in and
assume my role. They then told all parties not to speak to me or... View More
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answered on Mar 24, 2024
In a situation like yours, where you're dealing with issues around next of kin rights and the legal aftermath of a loved one's death, you would benefit from consulting with an attorney who has experience in family law and estate matters. This type of lawyer can help you navigate the... View More
answered on Mar 23, 2024
Here's what we typically do:
Step 1) Search the court records for the county in which the deceased resided at the time of death.
Step 2) Then, we send a letter from our law office to any of the people who might have had possession of a will.
Step 3) Then, if we still... View More
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answered on Mar 25, 2024
To determine if a decedent has a will, there are several steps you can take. These steps combine legal procedures with practical measures to ensure a thorough search.
Check Personal Papers: Often, individuals keep important documents, including their will, in a safe place at home. This... View More
My boyfriends will is in his family possesion. I believe its on his phone. He commited suicide this month and the family wont share the will with me. Is there anything i can do?
answered on Mar 22, 2024
It's almost impossible that such a document, on a cell phone, would stand up in court. A will has a number of requirements, including the requirement that it be signed by the testator, signed by witnesses, and be notarized. So, it is very doubtful that you can inherit anything unless a... View More
She asked him to take his name off the deed which she did in 1994. She passed in 2019. He was always responsible for the mortgage payments. This is in NY
answered on Mar 22, 2024
A surviving spouse is entitled to inherit. The information provided by the NYS Unified Court System at this link should be helpful to you: https://www.nycourts.gov/courthelp/whensomeonedies/intestacy.shtml
She asked him to take his name off the deed which she did in 1994. She passed in 2019. He was always responsible for the mortgage payments. This is in NY
answered on Apr 2, 2024
If they are still legally married, he is entitled to his share as the spouse regardless of whether his name is on the asset or not. However, if his name is on the asset, it may change how and what percentage passes depending on the way title is held.
My sister n law and brother could take my mom to her appts.as I work 2 jobs and could not...now my mom passed and they have not showed me the will or financial records.and I have heard from a caretake sister n law took 20k..when my mom was alive..they refuse to share info with me. And will not give... View More
answered on Mar 22, 2024
I'm very sorry for your loss. A Power of Attorney can no longer be used once the Principal (the person who signed it) has died and the Agent (the person named to act in the POA) has been informed of the death. I recommend you make your demand for a copy of the Will in writing and keep a... View More
Keep out of private and his estate. Has no money. No assets
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answered on Mar 21, 2024
Transferring a claim from your father's name to yours, especially under these circumstances, requires understanding and navigating specific legal procedures. It's important to know that claims related to Camp Lejeune involve federal law and may have particular guidelines for transfer or... View More
Executor of my mom's trust, which I am beneficiary to, has been using his credit cards for expenses. And detailing and charging the trust of all the interest charges be accrued. Can I somehow dispute these charges and get back into the trust??
answered on Mar 22, 2024
Generally speaking, the executor should not be commingling estate funds and personal funds. Sometimes the latter is used for convenience, however best practice is to use the funds available from the estate to pay estate expenses. Regarding getting back into the trust, you should speak to a... View More
Executor of my mom's trust, which I am beneficiary to, has been using his credit cards for expenses. And detailing and charging the trust of all the interest charges be accrued. Can I somehow dispute these charges and get back into the trust??
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answered on Mar 21, 2024
In California, the executor, also known as the trustee in the context of a trust, is typically expected to pay for trust-related expenses directly from the trust's assets rather than using personal funds. This is to ensure that all transactions are transparent and the trust’s assets are used... View More
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