My mom is trying to create an irrevocable trust to protect her assets. Upon her passing it would be split between my sibling and myself. The firm she is using has my sibling as the "Settlor" and the 2 of us as "Trustees" . I'm concerned as the way the document is written... View More 
answered on Oct 4, 2018
No. Your mother should be the Settlor. There is no need to hide money from Medicare; they were probably referring to Medicaid, which can look back 5 years to see if there were any transfers for less than Fair Market Value for the purpose of Medicaid eligibility. If your mother needs Medicaid... View More
She did not have a signed will
He wants to remain in her house. Can the house be transferred to his name w/o a probate case? What about her checking/savings accounts?
answered on Sep 10, 2018
Your cousin will need to find out how his mother's house was titled. If just in her name, with no Transfer on Death, it will need to go to probate. Similarly, he needs to find out how the accounts were titled. If just in her name, they will also need to go to probate. He should discuss the... View More
answered on Nov 26, 2017
If the beneficiary is living, then those pass outside of probate.
We were told by the crematorium (says he has been doing this for 30yrs) that my step-father, because he is the surviving spouse, everything goes to him regardless of what my mother’s Will says. My mother and step-father led completely separate financial lives and my step-father is not on any of... View More
answered on Nov 6, 2017
The crematorium employee should not practice law. Take the will to an attorney and open an estate in probate court. The surviving spouse may be entitled to some, if he chooses to take against the will, but it should all be done under court supervision.
answered on Oct 1, 2017
It depends on how the trust was worded and whether everything he had was in the trust. It is best that you, or whoever is the trustee, talks with a probate attorney.
A family member died. The will & testament is over 20 yrs old. The notary seals are expired. Is the document still valid?
answered on Sep 10, 2017
Wills don't expire. If they are valid at the time of creation - signed by the testator at the bottom with two witnesses signing that the testator did so of free will - it is valid forever unless revoked.
answered on Aug 16, 2017
Whether you need to go thru probate depends on how assets are titled, not whether or not you have a will. Anything that is in the decedent's name alone, without a beneficiary or joint owner and not in a trust, would need to be probated. Contact a probate attorney for guidance.
when someone dies and a will is left, (house,car and everything) is all left to his son. Is there a time limit in Ohio to file in probate?
It's been a year since the death of my uncle and his son has kept up on the mortgage payments and all other bills but has not had the money for... View More
answered on Jul 5, 2017
There is no time limit. You should meet with an attorney to review the deed. Normally a survivorship deed is between two people, or to the survivor.
answered on Jun 30, 2017
Yes; fees vary by the size of the estate and the county. The county probate website lists the fees. If you don't handle it yourself, there will also be the attorney fees.
I provided my address with recommendation that check be sent a priority mail so it could be tracked. Am now being told by lawyer that it was sent "regular mail." Since it's been over a month and has not received, and there is no proof that it was ever sent, how can I proceed ? (Ohio)
answered on Jun 16, 2017
I suggest that you ask the attorney to stop payment on the check and re-issue a new check, sending it priority mail.
answered on May 28, 2017
No, you are not responsible for repairs to a home that you do not own. You may find it beneficial to keep the home in repair, so that when you inherit, it isn't a mess, but you are not required to do so.
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