If you mother-in-law left a surviving spouse, then they can go to the title office and give it to whomever they want. If that is not the case, then you may need to file a release from administration at the probate court. A number of factors can influence this, so I can't go any further.... View More

Good question! Here's a link to the packet you would need to fill out in Medina County (for reference only) and it does contain some requirements. Looks like the parents must be notified at a minimum and may appear at the hearing to object. Good luck!... View More

Beneficiaries are entitled to a copy of the trust instrument, among other things, under Ohio law. If you are having a difficult time with the trustee, then you need to be proactive. This is a common story and the longer you wait the more likely you are to end up with nothing. I recommend getting an... View More

Those who paid for her funeral may get reimbursed if they submit a claim before the deadline. But, I'm not aware of an exception to inheritance for incarcerated persons. As such, he will likely be entitled to his share of her estate. The husband should name somebody as power of attorney to act... View More

You can probably use an attorney in either state. I would defer to your state of residency, though, since other assets could end up in the trust. Further, you may want a will that addresses your trust and the TN lawyer cannot draft a will for an OH resident. Location of the successor trustee(s) and... View More

You should ask the executor or administrator. If the attorney is acting as executor or administrator, then they have a duty to keep you informed. If you're dealing with unclaimed funds, then any delays could be justified.

Assuming your father is still alive, he could communicate with her his wishes and this would reduce the risk of litigation. He could also initiate ante-mortem probate to make sure the will gets admitted while he's alive. If she's getting an attorney, then you probably need to speak to one as well.

"on the bank account" is a bit vague. If the person named as executor was a beneficiary or a joint owner of the account, then that money is theirs, it's not subject to probate or the will, and they don't have any obligation to share it. If the executor has a bank account titled... View More

If you're talking about the boxes under ENTRY on form 13.8, the judge can check those. The first box extending administration to 13 months is common, but it all depends on the reasons that you state above.

This is a pretty common issue. A number of things can hold it up, but the executor is required to keep the beneficiaries informed. If the executor won't return your calls, then I would call the judge.

Talk to social security about becoming the representative payee. If SS is the only income, then you may not need the POA or guardianship to pay the bills as rep payee. If this doesn't work, then you may need a guardianship.

Ohio's Medicaid Estate Recovery program has authority to recover assets of the decedent to repay for the services they paid for.

You may want to engage an attorney to explain your rights under the trust instrument. The exact language used by the drafter is critical here.

You need to speak to a divorce attorney to discuss your rights.

All his assets go to his child. You better find a way to get an attorney. His stepsister isn't entitled to anything here.

I believe that you may use a TOD affidavit to transfer a life estate to one person and the remainder to another person(s). See R.C. 5302.23(6).

This may qualify for a release (an expedited probate process). In Franklin County, the court provides legal services to the public to help people with these cases and I believe it doesn't cost you anything. Call them at 614-525-3891 or 614-525-3894.

The son will probably inherit any probate assets. You should probably talk to an attorney to make sure the interests of the son are secured and protected.

Fraud can be reported to the court. I recommend having an attorney. The cost/benefit analysis is always important here because it costs money and time to convince the court that a fraud occurred.

If the POA is durable, then you may be able to terminate the guardianship due to there being a less restrictive alternative available. I recommend asking your attorney about this.