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... Read 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... Read 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... Read 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;... Read 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... Read 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.... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »
I am talking about my dad he had a will when him and my mom were together but they're divorced so the will doesn't state any items specifically just said it would go to me and my brothers
answered on May 24, 2023
The will probably results in you and your sibling(s) getting the house. A transfer on death affidavit must be recorded prior to death to be enforceable. If you're in Central Ohio, I'd be happy to look at it for you.
Was started in march im just wondering what is the reason a case number wouldn’t show up on the county website? For probate hearing.
answered on May 18, 2023
Depends on the court and the formatting requirements. Try searching by name instead of case number.
After signing notice of appraisal, to only be informed at final disposition.
answered on May 1, 2023
As a beneficiary, you are entitled to notice of the various stages of the case. You may also waive your right to those notices...and this is commonly done. If you have a copy of every document you signed, look them over.
answered on Apr 21, 2023
Not sure what you're asking about. I'm in Columbus. Feel free to call.
Our father passed away without a will. My sister and I agree on everything. The double wide is only worth about $20,000 and truck junk price. We still do owe $6500 on funeral costs and he was on Medicaid for 3 months in the nursing home.
answered on Apr 19, 2023
Medicaid could have an interest in the estate. But, you should be able to get paid the funeral costs back at a minimum. Give us a call and we can help.
Ohio resident had no spouse or children. Resident's parents are deceased and has siblings. One sibling legally disclaims entire estate. Do the children of the disclaimed sibling have a legal claim or would the entire estate go to the remaining siblings of the deceased?
answered on Mar 29, 2023
Without doing any research on this, I will add that it is possible for a disclaimer to result in the disclaimant being considered 'predeceased' and that may result in their children inheriting. Of course, it could be setup another way depending on the instrument used. Details and... Read more »
answered on Mar 23, 2023
If there aren't any other assets or creditors, then maybe pretty soon. But, it's not unusual for payout to take a while if tax returns need filed, other assets need dealt with, or creditors need paid.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.