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answered on Apr 19, 2022
Depends where it's written. If it's giving power to multiple people, then they may have to act in unison, rather than independently.
What do I need to do legally to access the safe deposit box of my mother, who lived and died in New York, but apparently still has a safe deposit box in her name in Ohio? She died 15 years ago, I am only surviving family member. There was no will and no assets beyond funeral expenses.
answered on Apr 19, 2022
You may have to open probate in New York to get an executor appointed who would have authority to go to the bank and remove the assets. If you just want to find out whether anything is in the safe deposit box, then Ohio has a mechanism to allow access for the purposes of creating an inventory of... View More 
answered on Mar 28, 2022
Try here:
https://www.ohioprobatelawyer.com/trusts/2018/07/27/difference-between-taxable-income-and-accounting-income/#:~:text=Ohio%2C%20like%20most%20states%2C%20has%20adopted%20the%20Uniform,on%20accounting%20income%20are%20also%20allocated%20to%20income.
years. And am also over his healthcare. We plan on holding our property undivided half interest, fee simple, with right of survivorship... now our sister has a power of attorney he granted her about 12 years ago. Will she be able to sell his interest or otherwise intervene in our property?
answered on Mar 28, 2022
Yes! She can sell his interest in the house. That's what a POA is for. I suggest getting a new POA that specifically revokes the prior POA and recording it in the county in which the house sits. This will show up in a title search if the sister later tries to use her POA to sell the house.
I have been living with my grandmother for the last year as her caregiver. Her will left everything to one of my two uncles, but he doesn't want anything because he receives social security and doesn't want to jeopardize it. My uncle who is trying to kick me out and sell the condo... View More
answered on Mar 4, 2022
You could file a claim against her estate within 6 months of the date of death for payment as a caregiver if you had an agreement to receive payment. Otherwise, your uncle now owns the condo and has the right to sell it.
answered on Feb 18, 2022
It depends on the court. Some courts will allow you to file a "Newly Discovered Assets" form. Others may make you amend the inventory. The clerk should be able to tell you what their requirements are for new assets.
They are both in assisted living, he has dementia and she is slipping. She has assigned a medical POA for herself and has an attorney taking care of her financial assets, which pays for my dad's care (they both own separate properties). My dad does not have a POA assigned for him. Can she sign... View More
answered on Feb 11, 2022
Only your father could name an agent under a power of attorney. If he is incompetent, then he cannot sign a power of attorney and guardianship may be the only option. Keep in mind, though, that people with dementia can have the capacity to sign a power of attorney. Good luck!
answered on Feb 9, 2022
"A lawyer’s time and advice are his stock in trade." -Abraham Lincoln
answered on Jan 25, 2022
Assuming assets were properly distributed, does the trust need to file a tax return? If not, then you may be finished. I'd send a letter to the beneficiaries indicating that the trust has been wrapped up.
answered on Jan 25, 2022
I agree with the first answer. Additionally, Ohio law has an "express lane" through probate if the account is under $35k called "release from administration." Some people do this on their own. Some hire attorneys.
My aunt passed away, and she doesn’t have any children, she was divorced, and her parents have passed on. I assumed that the next of kin would be the next blood relative, which would be my mother, because my mother is the oldest sibling. The hospital that my aunt passed at stated that another... View More
answered on Jan 7, 2022
Your aunt's biological sibling(s) are the next of kin. The next of kin have authority to plan funeral arrangements.
also as a family we have 5 cars and 1 boat all of which where in his name. can I transfer titles with out probate court
answered on Jan 6, 2022
Take the titles to the automobile title office. They can transfer some or all. If they can't transfer all, then find an attorney.
submitted application under Full Administration because The Court Clerk notify me the system was advising people to use E-File system. They required you to file 4.0 in Cuyahoga County if you have a Will naming you the executor.
answered on Nov 9, 2021
If you have been appointed executor/administrator, then I believe you'll have to complete the administration by filing a certificate of termination or final account.
My wife owned a cemetery plot and passed without a will. She had three children from a previous marriage but paid for the plot while we were married. As her next of kin, do I now own that plot?
answered on Nov 1, 2021
Call the cemetery and ask them. Sometimes, cemetery plots will pass under cemetery rules. Even if it has to go through probate, you will probably be able to get it.
Can older sibling and I ask for a neutral executor since younger brother won’t fill out and file bond paperwork?
answered on Oct 20, 2021
You don't even need a neutral executor. You should just apply to administer the estate. This will force your younger brother to act and, if he doesn't, then you can act as administrator.
Now she is trying to kick them out because they are only the step kids but my grandpa's wishes was for them to stay on the property and it be divided between the kids after she dies but she's trying to kick them out is there something he can do
answered on Oct 19, 2021
Very sorry to hear about this. I suspect your grandfather did not give legal effect to his intent, so your options are limited. It's worth talking to an attorney about, but you should keep your expectations low.
He has a small house. 2 children who loathe each other.
answered on Oct 5, 2021
If the two children don't like one another, then you should get an administrator appointed to sell the house and split the proceeds. Are you (the administrator) required to have an attorney? No. Should you? Unless you are a probate attorney in Ohio, then yes. The beneficiaries could sue you if... View More
My husband is the only name listed on the deed for our property. He has 2 children, never was married to their mother, the mother has had custody of them, they've lived out of state about half of their minor lives, they are both over 18 at this point and have had 0 contact with him for many... View More
answered on Sep 14, 2021
If that's not what he wants, then you need to get this done ASAP. Each issue you bring up can be quickly resolved.
The estate is around $800,000. It has been over a year and a half and according to him it is still not settled!
answered on Sep 13, 2021
You can't simply base whether the fee is reasonable on the amount of the fee vs. the total estate. Was the executor involved in litigation or any other controversies? Does this court have a local rule allowing the attorney a percentage of the assets? Was the attorney acting as executor?
My wife, kids, and I live in my Mother's house. She passed away in April 2021 without a will and probate hasn't been started yet. We received a letter from the Ohio Attorney General stating that she owes $74,000 for Medicaid Estate Recovery. I'm assuming they'll put a lien on... View More
answered on Sep 7, 2021
This is a very good question. If you are disabled, then you may be able to stay in the house. If not, then another option is to negotiate with Medicaid and they may take a lower amount in exchange for not having to foreclose. Either way, you should probably get an experienced attorney involved who... View More
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