You may have to go to probate whether or not there is a will. Probate property is that property which does not have a beneficiary or a joint owner, and is not in trust. For example, IRAs often have beneficiaries. If the beneficiaries are living, the IRA would transfer without probate. Married... View More

You will need to file a Report of Newly Discovered Assets. Some counties provide a form, while you may have to make up the form for other counties. If your county has a form, it would be available online at the court website.

I am sorry for your loss. If your mother's name was the only one on the bank account and the truck, you will need to open a probate estate. There are 3 different sizes of estates, based on the value of the probate assets. You should check the website of the probate court of the county where... View More

The family is only responsible for the debt to the extent of the estate's assets.

According to recent Ohio case law, a creditor must deliver their claim to the estate's representative within 6 months of date of death. The cancer treatment center's claim should be denied.

You owe your brother nothing. Your father could do anything that he wanted to do with his money, and he obviously wanted to invest in your home to provide himself with a comfortable place to live. And any bank account that had your name as joint owner now belongs to you.

There are two ways an attorney can charge for an estate. One is hourly and the other is according to the value of the estate. You can contact attorneys and ask how they charge. Also many attorneys will give a complementary consultation where they estimate their fees. And you can check the Stark... View More

Yes, you can file an Affidavit of Indigency, Supreme Court form 26.8. Depending on the county, there may be a hearing scheduled. It is means tested; you must be under 187.5% of the Federal Poverty Level.

You only need to go to probate if there are probate assets. Probate assets are those that do not have any of the following:

a joint owner

a listed beneficiary

or are not in trust.

It appears that there are no probate assets, but you could consult with a probate attorney to review and be sure.

You have to do two estates, unless the property was titled jointly with survivorship rights or if there is a Transfer on Death Affidavit recorded with the county. If it requires two estates, depending on the county where the decedents lived and how long ago they died you may be able to do a Real... View More

It depends on whether your father had any probate property - property without a beneficiary, without a joint owner, and not in trust. If the bank account was in his name only, you will need to open an estate in probate court. Depending on the size of the probate assets, you may be able to do a... View More

You and your spouse should have separate wills. It is best to hire an estate planning attorney to draft them, as they can make sure that the wills are done properly according to state law. Costs vary, but most attorneys have a flat fee for wills and can tell you when you make an appointment to... View More

Your father had the right to include or exclude anyone he wanted. And good for him to give only to children who were speaking to him! If you wanted to be treated like his daughter after his death, you should have treated him like your father when he was alive; it is too late now!

Usually there is a Court publication. Often the Court itself will take care of posting it for you.

It depends on how the house is titled. If it says something similar to "for their joint lives, remainder to the survivor", then an Affidavit filed with the recorder can be used to transfer it. Otherwise probate will probably be required.

As you are aware, any asset with a valid beneficiary will go to the beneficiary when you die. Only assets without beneficiaries, not held jointly, and not in trust will go to probate, where the will controls. One option is to trust your children to give part of their inheritance to their... View More

The first thing would be to call the mortgage company and discuss the situation with them. They are often willing to wait for a while when there has been a death of the mortgage holder. You may have to reapply for the mortgage unless you were on the original mortgage.

First, check your mother’s will. Most wills state that no bond is required.

I am not sure what you mean by “worded without order from the court. A will is only used when an estate goes to probate court. Property that has a beneficiary, a joint owner, or is in a trust pass outside of probate.

If she has no assets titled in her name alone, probate should not be necessary.