My son was adopted by his mother’s second husband changing his name and birth certificate.
My son has grown and his adoptive father has passed away. Son would like to have his birth certificate changed to have my name as his father. He has already changed his name back to what it was... View More

answered on Sep 18, 2023
Given these facts, I think any probate attorney may need to do some research to be truly confident as to the process needed to achieve the desired outcome. If changing the words on the certificate is truly the only desired outcome, then I'd start with the health department that issued the... View More
Is there a probate law that permits the filing of a probate administration in Ohio if all the decedent's assets are located in Ohio and the decedent was never domiciled in another State except as a prison inmate?
The decedent, a former resident of Cuyahoga County, traveled to Oregon... View More

answered on Aug 3, 2023
Interesting question. It all depends whether the decedent was a resident of Oregon. After a quick internet search, it seems there may be some authority for saying that a prisoner retains their pre-prison residency. The job of a lawyer is to do the necessary research to come to a conclusion on... View More
POA (stepmom) reduced mine & brothers %s by 20% each & increased hers by 40%. Dad had altzheimers & couldn’t have made the decision at the time it was changed. Poa had authority with restrictions to follow estate plan.

answered on May 8, 2023
Your attorney should be answering this question for you. That said, I would probably go ahead and take the lower percentage. Once the litigation begins, the company distributing the money may freeze the account. And, you may need the money to help pay for the costs of litigation. But, even if you... View More
My parents made a change to their will leaving me their home. This was signed by them and had two witnesses. My parents died a few days apart from Covid. The probate judge has had their will for over 2 years and says he never seen this. Now my attorney has to file a case law. I’ve been living in... View More

answered on Mar 20, 2023
Even if the will says that you get the house, and assuming the house is going through probate, the judge can force the sale if the estate has creditors or other beneficiaries with interests that cannot be resolved without selling the house. I advise you to ask the attorney whether s/he represents... View More
I’m being told the jewelry must be melted and molded into gold bars and sold to a broker.

answered on Jan 17, 2023
I'm not aware of any reason why you couldn't receive your inheritance in kind; assuming the estate is solvent. If the executor won't work with you in a reasonable manner, then you probably need your own attorney.
He was no longer competent my dad is his beneficiary to his will, my granny then made another will and is saying she gets all my papaws estate money & vehicles. Is my papaws will null and void now that she made another will for herself and my dad gets nothing?

answered on Jan 9, 2023
You must have "testamentary capacity" to execute a will. Testamentary capacity means that your Papaw does:
1. Understand the nature of the business in which he is engaged;
2. Comprehend generally the nature and extent of the property which constitutes his estate;... View More
In order to sell the house its in Kentucky

answered on Dec 16, 2022
You're not required to have a lawyer. Whether you would be wise to hire one is a different issue. Whoever ends up acting as the executor/fiduciary could open themselves up to liability in a number of ways.
TN resident with all next of kin (NOK) in OH. One OH NOK passed away with a will completed/signed but unable to be witnessed. All surviving NOK were aware of this will and want to abide by their NOK wishes. TN NOK was sole beneficiary. Will OH probate accept this will as valid if all surviving... View More

answered on Nov 30, 2022
The will is invalid under OH law. Luckily, it seems like the family are all on the same page so the issue 'can' be resolved. I recommend finding a local attorney to help. You may need some waivers/disclaimers/deeds signed by the family. Use the Find A Lawyer tab above.
Incapacitated Ward under Full guardianship (person/estate) in Michigan has been moved to Ohio nursing home long term care on full Medicaid/Medicare. I made the facility rep payee for SS check. Ward has one monthly bill, and basic needs/care (clothing, personal items) managed by guardianship now.... View More

answered on Nov 23, 2022
You may be required to 'transfer' the guardianship to the Ohio court. The Michigan court no longer has jurisdiction and may not be able to terminate the case unless it is being transferred. You bring up a couple other complicated issues. I recommend seeking counsel in the county in which... View More
My father made my brother medical and financial power of attorney as well as executor of his estate. Before he died, Dad was in a nursing facility for nearly a year, and my brother drained all his accounts, paid off the house and then transferred it into his name. My brother also spent some of my... View More

answered on Oct 10, 2022
If he presents the will to the probate court, then the judge is not going to approve a final account unless each beneficiary of the will gets his/her share.
As to assets that were transferred prior to death, this is probably theft or breach of fiduciary duty. Your stepbrother needs a lawyer... View More

answered on Sep 26, 2022
R.C. 5808.17(C): A release by a beneficiary of a trustee from liability for breach of trust is invalid to the extent that it was induced by improper conduct of the trustee or that the beneficiary, at the time of the release, did not know of the beneficiary's rights or of the material facts... View More
My brother died last week. We though he had no will. We found one today. His only son, my nephew is 16 and the will states that he leaves everything to him. His ex-wife has hired an attorney. My brother left his son some jewelry and some silver coins. His home loan was maxed out and the house needs... View More

answered on Aug 22, 2022
Sorry for your loss. First, you are under no obligation to do anything. But, I would probably wait 6 months (the Ohio statute of limitations for unsecured creditor claims) and then file for a release from administration to transfer the automobile title to his son. And, yes, you may waive your right... View More
We are going to pay it off but what rights are there to include her name on the loan so the bank will have to answer her questions and give her details. Her will states that all assets go to her once the estate is settled in October. I understand that the Garn-St. Germain act prevents them from... View More

answered on Aug 10, 2022
It is very likely that your mother-in-law's mortgage has an acceleration clause. This makes the entire balance due upon the death of the borrower. A surviving spouse has some rights with respect to assuming the loan. But, I'm not aware of any rights that a child has. In other words, you... View More
My mother lives in Ohio and her will says that all debts should be paid on her death. Does this mean paying off the mortgage before my sister can have it?

answered on Jul 25, 2022
Your sister will inherit the house subject to the mortgage. The mortgage accelerates upon the death of your mother, so the entire balance will be due. If your sister doesn't want the bank to foreclose on the mortgage, she will need to find a way to pay off the mortgage.
She passed away with no estate or will and no one was ever appointed personal representative. I recently found out her employer owed her alot of money and I would like to look into it. What can i do? I would like to get her IRS transcripts before it's too late. They will only have her records... View More

answered on Jun 30, 2022
In Ohio, an administrator or executor could still be appointed and may have the authority to obtain records. Whether the IRS still has them is another issue. Also, the cost may outweigh any benefit. Even if you're digging for evidence to mount a lawsuit against an estate beneficiary, many... View More
He was from puerto rico

answered on Sep 7, 2023
Most jurisdictions don't allow godchildren standing to force the disclosure of the will. However, some jurisdictions (like Ohio) do penalize somebody who conceals a will. You probably need to speak to an attorney in PR.
than a year after trust settled. The trustee was an equal co-beneficiary. Has claimed that all accounts are closed. Respective attorneys apparently have accepted that assurance. Trustee has ignored repeated requests from fellow beneficiaries for closing statements - requests beginning more than... View More

answered on Aug 30, 2023
What is the issue here? Are you concerned that the trustee didn't distribute all the money? If so, this would be alarming. But, if you're concerned that the trustee has kept a checking account open after all money has been distributed, and is using the account for personal reasons, then... View More
Mom died and family is engaging in probate fraud deception around it. Acting like they need me out of the way the wrangle something. How do I find these kinds of assets?

answered on Aug 7, 2023
There's no central database that I know of, so we take these on a case-by-case basis. But, you can do things, like forwarding mail, pulling tax returns, and pulling bank records, to help you along.
My sister passed away in 2020. She had money from a settlement in the bank. She had 3 children and no will. Is it too late to file with the probate courts for her children to get the money? Am I able to do it for them? I'm in the Akron area, but she lived in the Cincinnati area.

answered on Jul 14, 2023
It is not too late. Any Ohio resident can apply to the court to administer the estate. I recommend having the estate pay for an attorney.
I have a lawyer but he has not responded to any of my messages since April. So I don't know what's going on.

answered on Jul 5, 2023
If your lawyer hasn't responded since April, you need a new lawyer. You shouldn't have to call several times over 3 months to get one response.
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