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Questions Answered by James Jeffrey Jackson

1 Answer | Asked in Probate for Ohio on

Q: Should executor pay rent as exclusive user of vacation home in probate?

My brother-in-law is (or will be once he finally files--it's been 9 months) executor of his father's estate (mother died first). A vacation home is part of the estate, and it has been closed up for the winter, so nothing needs to be done to "preserve" the property. The b-i-l is planning on opening... Read more »

James Jeffrey Jackson answered on May 14, 2018

If your family has an interest in the estate, hire an attorney. If your concerned about your relatives, tell them to hire an attorney.

1 Answer | Asked in Estate Planning for Ohio on

Q: I am divorced with 2 children: (6-30-99) & (8-4-02). I need a good will at no cost. Advice?

I'd like to know if it is possible to establish a quality will at no cost. If so, what resources are available to me? Thanks.

James Jeffrey Jackson answered on May 14, 2018

Unfortunately you get what you pay for. A no cost will may not be very good. Fist of all, there are statutory requirements for determining if a will is valid. Secondly, you want to make sure your will accomplishes your goals. Spend the money for a quality will.

4 Answers | Asked in Bankruptcy for Ohio on

Q: Can a credit card company that has begun the process of suing,be excluded from a bankruptcy filing?

I haven't filed anything yet,nor retained an attorney. I'm in the beginning stages of determining what my next step is going to be.

I spoke on the phone to a prospective attorney who said that the credit card co. would be excluded from any bankruptcy filing.

James Jeffrey Jackson answered on May 11, 2018

Your duty is to list ALL of your assets and ALL of your Creditors. When you sign the bankruptcy petition and schedules you are stating that the information is true and correct to the best of your knowledge. That is one of the first questions the trustee asks you, under oath, when you attend the... Read more »

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2 Answers | Asked in Probate for Ohio on

Q: Do you need to open a new bank account for the 'estate/trust' once you are out of probate in order to distribute funds?

I am the executor of my mothers estate. We are in probate and I am working with an attorney. I am through with paying all the bills/taxes and liquidating all of the assets. My attorney has directed me get a new EIN and to transfer all of the funds from the current 'estate' account to 'trust'... Read more »

James Jeffrey Jackson answered on May 9, 2018

It sounds to me like you should consult with another attorney. In order for the probate estate to be closed, the executor/administrator must submit a final account to the probate court. That final account indicates that all of the assets have been gathered, bills paid, and distributions made to... Read more »

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1 Answer | Asked in Probate for Ohio on

Q: Spouse was killed in a crash. I settled with the offender's insurance company & will be receiving a check.

1. Does this need to be reported to "probate" court. I am the executrix.

2. Does this money need to go into an "estate" account as it will be addressed to my name, with "executrix" after my name. This is in Huron Co Ohio

James Jeffrey Jackson answered on May 9, 2018

You need to consult with an attorney! Based on the information you have provided, it sounds like the settlement funds are assets of the decedent's estate. Keep in mind that a will has no power unless it is admitted and approved by the probate court. The executor named in the will has no power... Read more »

2 Answers | Asked in Probate for Ohio on

Q: Elderly parent recently died, had will. Understand all cases are different, but how long does probate usually take?

James Jeffrey Jackson answered on May 9, 2018

You are correct that all probate estate cases are different. In Ohio, depending on the nature of the estate, it is possible to obtain a release from administration if the value of the estate assets is small, you can check the county probate court guidelines to learn more. Otherwise, most probate... Read more »

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2 Answers | Asked in Bankruptcy for Ohio on

Q: How is half ownership on a house used in bankruptcy?

My spouse is filing bankruptcy and we both have half ownership on the house. I read in Ohio roughly 136,000 is the equity exception. What does this mean and how does it affect if this asset can be taken? We are caught up on payments and have never missed one on the house and plan to continue to pay... Read more »

James Jeffrey Jackson answered on Apr 26, 2018

As Timothy pointed out, in Ohio you do have an exemption in the equity of your house of approximately $136,000, but there are a number of things that could be wrong with your deed and mortgage that might put your home at risk. Please do not file your case without consulting and experienced... Read more »

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1 Answer | Asked in Probate for Ohio on

Q: No will, determining next of kin

A man passes away with no will, was never married and has no children. He had two brothers (both passed away) and both parents are deceased. Each of his brothers have a wife who is living. Sister-in-law 1 has 1 child, Sister-in-law 2 has 2 children, 1 to the man's brother (a full blood... Read more »

James Jeffrey Jackson answered on Apr 20, 2018

Based on the information you provided, the estate would pass in accordance with the state's statute of descent and distribution, in Ohio that would be Section 2105. It sounds like your specific situation would make 2105.12 the appropriate section.

You should contact a local probate...
Read more »

1 Answer | Asked in Bankruptcy for Ohio on

Q: How does the bankruptcy means test work?

James Jeffrey Jackson answered on Apr 9, 2018

The bankruptcy means test is only one part of qualifying for a Chapter 7 case. The first step is convert your income from the past 6 full months to annual income and compare it with the IRS standards for similar household. If your income is less than the IRS standard you are considered below... Read more »

1 Answer | Asked in Estate Planning and Probate for Ohio on

Q: If I'm the insured on a whole life policy, can my father take me to probate court if he is not the owner?

Any amswers?

James Jeffrey Jackson answered on Apr 3, 2018

Your question does not provide enough information. Why would your father take you to probate court?

1 Answer | Asked in Estate Planning and Probate for Ohio on

Q: My mother just passed- she does have a Will but its just a photocopy and isn't signed... Is it still usefull?

We spoke with the lawyer that made the Will back in 1981 and he informed us he didn't file the Will he just gave it to my mom to put in safe keeping... He has since retired...

James Jeffrey Jackson answered on Apr 2, 2018

An unsigned will is not valid. If the will treated her heirs equally, then you can open her probate estate without a will and her assets will be distributed according to the state statutes, which could be very similar to her unsigned will. You should contact a probate attorney in the county where... Read more »

1 Answer | Asked in Estate Planning and Probate for Ohio on

Q: When the parents of 2 children pass away,does both children have to be notified that the other parent passed away?

My father passed away about 6 months ago and nobody notified me about it...my mother is still alive..im afraid when she passes away,nobody will notify me about her passing as well..is it law that I have to be notified?

James Jeffrey Jackson answered on Apr 2, 2018

If your mother's estate is probated after she passes away, then you are entitled to notice of the probate process. That said, your relatives need to know where you live so they can notify you. If you care about your mother, stay in contact with her.

1 Answer | Asked in Banking, Estate Planning and Probate for Ohio on

Q: i am having issues about an account belonged to my next of kin

my next of kin passed away in 2007 and there wasn't a will. Besides, he didn't have any close family. I have recently been informed about his death and the fact that he had an account in Barclays Bank.

James Jeffrey Jackson answered on Apr 2, 2018

You should contact a probate attorney in your area. You will most likely have to pay a retainer. If the Barclays account does not have significant value, it may not be worth the cost to open the probate estate.

1 Answer | Asked in Bankruptcy for Ohio on

Q: Filed Chapt 7 in 8/12 (discharged 1/13) with my husband. He committed suicide 6/14. Exceptions to time between filings?

Desperately needing to file again from repercussions of his sudden death and loss of income

James Jeffrey Jackson answered on Apr 2, 2018

You can consider filing a Chapter 13.

1 Answer | Asked in Bankruptcy for Ohio on

Q: I'm in the middle of a bankruptcy ex-wife took me to court for unpaid medical bills an won but it's in the bankruptcy

Do I have to pay her? It was a child support order. My child is 18 now

James Jeffrey Jackson answered on Apr 2, 2018

You need to consult with your bankruptcy attorney and your divorce attorney. Your bankruptcy only discharges your obligation to the medical creditor. Your domestic obligation was between you and your ex. The medical creditor cannot pursue you but your ex probably still has a valid claim through... Read more »

1 Answer | Asked in Bankruptcy for Ohio on

Q: If a couple are getting divorced wife wants to file bankruptcy only 10,000 left on house valued at at least $75,000

Will the bank divide the money that is made off the house after taking the 10000 owed on the home

James Jeffrey Jackson answered on Apr 2, 2018

You have not provided enough details to adequately answer the question. You should discuss the issues with your divorce attorney and possibly a bankruptcy attorney.

2 Answers | Asked in Bankruptcy for Ohio on

Q: Is it ever possible to take out a mortgage if you've already filed for a bankruptcy?

James Jeffrey Jackson answered on Apr 2, 2018

Just because you have filed for bankruptcy does not mean you will forever be prevented from obtaining a mortgage. Mortgage lenders do have policies, that change from time to time, that require a period of time to pass after the bankruptcy (4 years for most) before they will consider you. But time... Read more »

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1 Answer | Asked in Bankruptcy for Ohio on

Q: I am disabled and retired, I receive only SSDI income monthy. My wife is a working RN earning approximately $90,000.

We have accumulated approximately $80K in unsecured debt, our only secured debt is our home which we want to reaffirm. We have paired our expenses down yet still live paycheck to paycheck due to the high balances and interest on the unsecured debt. We only have a VA first mortgage, no subordinate... Read more »

James Jeffrey Jackson answered on Apr 2, 2018

You are somewhat on the fence with regards to the "means test" for qualifying to file a Chapter 7. If you have extraordinary and justifiable expenses, like high out of pocket medical debts for example, you may qualify. A good way to self evaluate, but you have to be honest with yourself, is to... Read more »

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