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
My mom has roughly 100 non-running or junk vehicles that are titled either to her or one of her closed businesses. Before she passes, should I re-title them in the name of her Trust, or should I let them go through probate? The only value they will have to me is most likely scrap value.
You could put them in her trust. You could also put them in your name now. It just depends which is easier; especially when you consider that each title fee will be charged 100 times. I suggest doing something now rather than letting them go through probate.
It states that my siblings and I are to be responsible for the insurance, taxes, and a small loan on the house until his 20th birthday. He gets to live there with my sister his mother rent free. Is this legal to do? Can I be forced to pay taxes, insurance and the note for 8 years or lose my... Read more »
You cannot be forced to pay taxes and insurance out of your pocket. The will could, however, provide that it be paid out of any inheritance that you would received. Also, if the house is to be given to you in 8 years, then it may be in your interest to make sure it doesn't fall into...Read more »
I am concerned that our state's dower-rights are not enough to protect me in the event of divorce or death of a spouse if my name is not on title of our new home. Should we seek consultation from a real estate attorney to get something in writing to ensure I have equal ownership of the home in... Read more »
You can simply have the property deeded to both of you as joint owners and then the survivor owns the property outright. Dower is an antiquated concept (that Ohio still uses) that gives a surviving spouse a 1/3 life estate in the property owned by the deceased spouse. Not total ownership by any...Read more »
I'm not sure what the question is, but any settlement payable to your father's estate will need deposited into an estate account. You won't be able to open an estate checking account without first opening probate. I suggest that you require the payments be made directly to the...Read more »
If we file a partition lawsuit- it has been 2 years, and he refuses to start probate, and is threatening to litigate us to death. He has also said that if we start a partition- and the property goes to auction, he will have a buddy buy it out cheap and cheat us. We would like to file to become... Read more »
I'm assuming from your question that you and at least one other person (the decedent who left a will) own the property. Filing a grievance is probably appropriate given these facts, but it doesn't solve your problem anytime soon. You could file an application to probate the will...Read more »
My aunt passed in 2017 in NJ I live in Ohio and was the executor to the estate. She did not have any assets other than a trailer that was sold and used to pay bills. 3 years later I get a bill from the NJ treasurers for an inheritance tax of 300k plus penalty and late fees. I didn’t receive an... Read more »
Good question. Most attorneys won't do a simple will without making sure that a POA is in place for medical and non-medical needs. To have an attorney look at your situation and draft new documents will probably cost at least $500. Of course, some attorneys charge $3,000 to $5,000; so it...Read more »
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