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 »
The rep payee account, I was the fiduciary was put on hold upon death. I thought it had no funds in it so I transferred $4,000 into to it from my personal account to prevent checks written for my mothers bills from bouncing. So now the account has $5,200 in it and is $200 over the limit to release.
You can do a release, rather than a summary release, to get the entire $5,200 as long as you're the sole heir or you paid the funeral bill and it was over $5,200. Some counties make you wait 6 months from the date of death to file a release. Medina County has a release "packet" on...Read more »
They didn’t live together and wasn’t together at the time of his death she took his car gave it to her son that’s not my dads son she wouldn’t release his personal items or anything what can we do this is in ohio
Ohio law tends to favor a surviving spouse. She can definitely transfer a car to herself as long as it's not worth too much. Regarding his personal items, it he didn't have a will then you may have a claim against her for a portion of the personal items. The problem is that the cost of...Read more »
I already gave my daughter her inheritance of 50 acres. My son gets the family house and 10 acres. My daughter is questioning whether he gets the contents of the house and vehicles and such. I want to add onto my will that my son gets all that.
If you already have a will, you can execute a codicil with the same formality that amends your existing will. Or, you can make a new will...which may be easier. I suggest being specific in the will and also communicating to your kids how this will play out. Knowing in advance can drastically...Read more »
He did not have a will so the house we shared (i didn't want to live there after he passed) went to his dad/ brother along with all the vehicles and all his property. They also got the 401K and the money he had in the bank. I did get life insurance.
If your boyfriend's assets went through probate, then you may be able to get reimbursed for the funeral expenses. You should probably have an attorney check the house title to see whether the house has been probated. This would be a good indicator as to how the assets have been handled and...Read more »
My Dad is 89 years old and for the last 3 or 4 years he has been giving my brothers and mine Inheritances away to his girlfriends kids, how can we stop this? My Dad telling me that we will not get anything or only get what he owe on. What can be done? My Dad lives in Ohio.
If he is incompetent, then you can apply to be his guardian and take control over his finances. You could also notify his bank that you believe he's incompetent or under undue influence. If he's competent and not under undue influence, then your options are very limited.
My father passed away last month. The attorney who did the will is retired, possibly deceased. The bank named in the will as Executor has since been sold. They are telling me they don't do that, even though the will names the bank or it's successor. There is no real estate involved. Mom... Read more »
You need an attorney. This happens more often than you think and a number of factors can influence the strategy moving forward. For example, if no assets need to go through probate, then it doesn't matter as much. But, if a significant bank or investment account needs to go through probate,...Read more »
my situation is now that i’m older i’m trying to get the title of my grandfather’s classic car to restore it. problem is we have possession of the vehicle but no title. probate court was closed in 2010 any help would be great state ohio
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