My attorney says ..because they in 2012 eliminated the estate tax in ohio…
No one gets 1% on non- probated property.
The non-probated property was worth over a million dollars( IRA and 401k passed directly to beneficiary’s.
The owner passed away in 2020
answered on Nov 14, 2022
Ohio Revised Code 2113.35(B):
"Executors and administrators also shall be allowed a fee of one per cent on the value of all property that is not subject to administration and that would have been includable for purposes of computing the Ohio estate tax, except joint and survivorship... View More 
June 2022 probate was over.
answered on Nov 2, 2022
If the final account was filed in June and you're still not paid, then the fiduciary probably has no plans to pay you at this point. You need to talk to an attorney about this.
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 Oct 7, 2022
Experience is important. So, also look for a firm that limits its practice to estate planning and probate. We have done thousands of estate plans and don't do bankruptcies, criminal law, or personal injury. Feel free to reach out!
His father paid for the funeral. The county courthouse gave us info that his father can fill out paperwork to take ownership of the vehicle but he refuses to do so since he believes it’s not his responsibility. Communication is not an option. What steps can I take to dispose of the inoperable... View More
answered on Oct 3, 2022
If you don't want it, then have it towed. Eventually the towing company will sell it to pay for storage fees.
answered on Sep 29, 2022
Yes, Ohio law allows out of state executors in many circumstances. And, an agent under a POA may live out of state.
Nothing in the Will or Trust speaks to any such “advancement” nor are there any signed loan paperwork, or repayment schedules, nor is anything written on any of the Grantor’s check’s signifying check as an advancement or loan. Trustee only claims the Grantor said to withhold this... View More
answered on Sep 28, 2022
This has some serious family drama issues. Can a Grantor verbally amend a trust? Yes under certain circumstances. But the issue is whether this actually happened. Get a lawyer!
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
My mother had a stroke a few months ago and she gave me power of attorney but she didn't print her name and I had to get an updated one I did but since then she had an aneurysm and can't speak or talk And the bank wants to call up to the rehabilitation hospital she is in Right now i... View More
answered on Aug 10, 2022
If the bank will not allow access under the power of attorney, then you will need to establish a guardianship and be appointed guardian of the estate by the probate court.
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
I have been paying for the units for over a year but they are not in my name nor did i sign any rental agreement i just took over payments. I have full access to the account. Will it hurt my credit or go to collections for me if i just stop paying for them
answered on Jul 29, 2022
If you're not a party to the contract with the storage unit company, then I don't believe you can be held liable under any of its terms.
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.
My sister passed away unexpectedly with no will. I currently have custody of her son and the father isn't in the picture. Her car was her only possession and she had a loan on it. They repossessed the vehicle and sold it to satisfy the loan. I received a letter stating there was a negative... View More
answered on Jul 18, 2022
You will need to be appointed administrator of her estate so that you can open a bank account to deposit the check into. If the check is under $500, I wouldn't bother with it.
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
It's a revocable living trust.
answered on Jun 1, 2022
You may amend your revocable living trust by a document signed by you. Keep in mind that each word matters, so be careful.
answered on May 23, 2022
Yes. Depending on the county, go to the county probate court's website and look for forms for a "Real Estate Only" transfer. You can do this yourself with a little work.
answered on Apr 28, 2022
Depends. If the executor is also a joint owner or a beneficiary on those accounts, then YES. If the accounts are in the decedent's name and no beneficiary or joint owner exists, then NO.
I was told I could not be executor of my parents estate because I reside out of state. Is that a nice to have condition or a need to have requirement. Also, I was sent a waiver of notice of probate of will from my brother without explanation to sign. Why should I sign this document. Did not... View More
answered on Apr 20, 2022
If your parents named you as executor in their wills, then you probably can act as executor. If they don't have wills, then you cannot. (R.C. 2109.21) It looks like your brother is moving forward with opening the estate. If this is something you would rather do, then you better get an... View More
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