He has a copy of the will leaving the home to him. Can we use that to start the eviction process on the tenants? They are nice ppl and have lived there a few years. We gave them 3 mths but at the end of the 3 mths we dont want to have to wait another couple mths to evict if they dont move. We are... Read more »
It's easy to transfer the property out of the decedent's name and into the names of the heirs. Then, you won't have any issues with the probate court when you file eviction. Generally, unless a will says otherwise, an administrator (executor) needs special permission from the court...Read more »
Beneficiaries do not "have" to sign anything in Ohio. But, if the accounting says that you are getting a distribution, then you should expect one. You may want to talk to an attorney if the final account was filed a while ago; maybe even the estate's attorney. Typically, the...Read more »
In 92 my dad got sick at another woman's home he had been cheating on his girlfriend with. His girlfriend in anger gave away or sold the things he treasured most. At the time I didn't know she had no right to give them away or sell them. The items were a 57 Cadillac eldorado convertible... Read more »
This information is in the trust. Is this even legal?
If the acting Trustee hereunder is either JOHN DOE or JANE DOE, then the beneficiaries hereunder shall have no claim against them, except for acts of intentional harm. If a claim is made, or complaint filed against JOHN DOE or JANE DOE,... Read more »
My uncle passed in early 2015, divorced for decades with no children and no will. The only direct relatives left are a few cousins, of which I am one. The estate went to probate during that same year with all his assets liquidated to pay outstanding debts. The city took ownership of the house... Read more »
If its already been to probate, then it probably doesn't need to go again. This could be unclaimed funds. But, a court may still be needed to order who the funds are distributed to. This can get complicated. I suggest getting an attorney. If the statements are legit, you can certainly...Read more »
I bet that you're good to go. Take the money from the account and don't talk to any creditors. Creditors can file a claim against the estate, but if the checking account had survivorship rights, then it's unlikely they will get anything. And, in my experience, unsecured creditors...Read more »
It depends how title is being transferred...i.e. trust, transfer on death, or will. Generally, title to real estate vests in the heir upon the moment of death. If the will says that your brother gets the house, or if your brother is a beneficiary under a transfer on death instrument, then he may...Read more »
We want to sell our house, buy my parents house at a lesser than market value, so we can move into the basement and give them the extra care they need. Will the state be able to come back on us and demand the rest of the money in the future? My parents are all for this and named the price he wanted... Read more »
Yes. The difference between the market value and the price you pay is considered a gift. If your parents need to go into a nursing home less than 5 years after the date that they made the gift to you, and if they want Medicaid to pay for it, then they may be disqualified for a period of time....Read more »
my cousin asked for a place to stay, and he lost his job now hes staying here not paying rent although there is no rent agreement he was just supposed to stay a couple days and leave he kept procrastinating till he got mail here now hes using squatters rights on us so he dosent have to leave, how... Read more »
He paid 60,000 of the add on and we paid the rest. He was never on any mortgage, taxes or insurance. He lived here for free and now my brother thinks I should have to pay him 1/3 of what my dad paid to the build 15 yrs ago. There are 3 of us children. Also, I was on all his checking and savings and... Read more »
From a legal perspective, you don't owe your brother anything. If your father truly wanted your brother to inherit anything, then he should have named him as a beneficiary on the bank accounts and automobile. If he wanted your brother to get 1/3 of the 60k, then he should have had you sign a...Read more »
They have a will together. He just passed January 17 2021 with her being in nursing home we need her approval for everything. Her poa lives in Texas and flew in for a couple days. His (grandpa) daughters have been with him everyday. My question is does her poa have control of his matters
Her POA certainly does not have authority over Grandpa's estate. But, her POA would have control over anything that Grandpa left his wife. Grandpa's will may nominate an executor and the executor can handle his estate; or his next of kin if no will. You may need to speak to a probate lawyer.
My Dad isn't named on my birth certificate. My siblings pretend I'm not alive and I would like to be able to have some of his personal things. Can I legally make them include me before they separate his belongings up amongst themselves? I'm not seeking financial gain just pictures,... Read more »
Your father's personal belongings pass to those named in his will. You don't have a claim to them if you're not named in his will. If he doesn't have a will, then it gets complicated as to whether you are entitled to part of his estate and you would need to have a conversation...Read more »
The only asset was a bank account (no house, no car, no physical property of value) and the debts are known to be greater than the amount in the bank account and there was no will. There are younger adult children and they don't see the point in spending the time, money, and energy going to... Read more »
No!!! Don't give up. Ohio has a statute of limitations on claims against an estate. The person who paid the funeral or the next of kin could wait 6 months and get a court order to release the money. It is usually a fairly simple process. You could also get an attorney to do all of it for...Read more »
The attorney for my Fathers estate claims that the executrix (my sister) does not need to communicate with me. The attorney said she only needs to communicate with him. I am being told nothing. What can I do about this?
Probate is necessary to transfer title on an asset that was not put into the trust in advance. For example, an individual checking account could be re-titled into the trust or it could have the trust as a beneficiary. But, if neither of those options are done in advance, then probate is necessary...Read more »
My father married 1 month before he passed from cancer in OH. He was heavily medicated in the last few months of his life. The girlfriend has stated he left no will and refuses to speak with anyone in the family about his estate by saying that’s between her and her husband. I’m his child from a... Read more »
Aside from saying that "you need an attorney," depending on your father's county, you may have a mechanism to get access to information with very little burden and without opening probate. This is an age-old issue and the faster you move the better.
She can largely protect the equity from non-mortgage debts by executing a transfer on death designation affidavit. Some exceptions exist. But, in practice, this would protect the house from credit card and medical debt.
My sister placed my Mom into a nursing home in May of 2019 for dementia. And then she hired a guardian for my mom in June 2019. I have lived in my Mom's home from May 2019 until now. I have been the co-owner of my Mom's banking and checking account since April 5, 2015. And, I used the... Read more »
Interesting question. You certainly cannot be responsible for repaying any money that you spent on behalf of your mother for her expenses like medical expenses, nursing home bills, taxes, insurance, etc. One tricky question is whether you are liable to the estate for payments that you made to...Read more »
No news is bad news. You need to communicate with the executor to see where the process is. The executor may be strategically waiting to open the estate. Or, there may be nothing going through probate, so it wouldn't matter what the will says. If the executor is being evasive (like...Read more »
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