Generally speaking, medicaid estate recovery in Ohio seeks reimbursement for all expenses paid on a person's behalf from the time they turn 55 and older. There can be exceptions depending on timing, jurisdiction, etc. Estate recovery is a tricky thing to tackle by yourself. It may be... View More

It sounds like the estate may qualify for a simplified proceeding to handle the vehicle. Unfortunately, a Court process is still involved. Depending on what estate documents are in place you may need to retain local counsel to handle the matter for you.

I recommend setting up a... View More

The short answer is that you simply have some misunderstandings about the way the process works. If the title to your neighbor's house was in his name, only a legal representative can sell the house. That means probate. The alternative is if the house was in a trust or was set to pass... View More

Trusts can vary quite a bit in their terms. I would recommend you sit down with an attorney who practices in this area of law to review the exact language of the Trust to answer your questions.

Best of luck to you.

There are obviously a lot of underlying issues here and further investigation may be warranted. Without more information, the only thing I can say is that if someone withholds a Will for a year or more they can be disinherited by operation of law.

See... View More

So there are a lot of factors here to consider, and this is not legal advice specific to your situation. You would have to retain an attorney to get that. Generally speaking, when someone is adopted they no longer stand to inherit anything from their biological parents.

Not to give you the typical attorney answer, but it depends. While there are quite often ways to accomplish what you ask, nobody can say with certainty one way or another until he or she sits down and performs a more detailed analysis of the Trust as well as the surrounding facts and... View More

Probate can be a messy and complex process. There are no simple answers to your question. A more detailed look at the specific circumstances would be needed to determine if the estate has been or is being administered properly. You may want to find a probate attorney who practices in the County... View More

Here in Ohio the answer depends on a number of factors. Being appointed the administrator of the estate is a good first step. If the sibling has established residency you may need to commence eviction proceedings to get them to leave.

All in all, I recommend sitting down with a qualified... View More

I'm not sure a question is posed here. A Tax/Estate Attorney specializes his or her practice on those areas of law. The Internal Revenue Code is obtuse at best, as can be the rules governing many Trusts. It sounds like you need to sit down with such an attorney to review the Trust and the... View More

For a definitive answer I recommend sitting down with a qualified attorney to review your circumstances in detail and advise you and/or your friend.

In the interim, the pertinent legal authority can be found at Sections 2105.06 and 3107.15 of the Ohio Revised Code. See links below.... View More

Good question. Keep in mind that a spouse has certain rights to retirement funds depending on the type of account he has, regardless of beneficiary designations. Timing also matters in this regard. I highly recommend you sit down with a qualified professional who can evaluate the situation in... View More

No it is not too late. You should be able to serve as the administrator of the estate depending on the wishes of the children and personal circumstances. I suggest sitting down with a probate attorney to discuss the situation and how you would be best served to proceed. Many, like myself, offer... View More

Hello, more information is needed in order to answer this question. It sounds like you might, but a full analysis needs to be completed pursuant to Section 2105.06 of the Ohio Revised Code to make that determination. I recommend sitting down with a qualified attorney who can assist you and advise... View More

Trusts only control assets that are inside the Trust. As Mr. Toron said, if an account is owned by a Trust and has a POD/TOD designation, that will not do anything as Trusts do not "die."

For a review of Trust assets and to determine how they will get to a beneficiary I highly... View More

Probably easiest before. Technically your home is only an exempt asset as far as Medicaid is concerned if you are "reasonably likely" to return home within the next 6 months. Since that is not the case, even if you don't sell the mobile home up front, it may cause eligibility issues.

A more thorough analysis would be needed. Here in Ohio, a beneficiary must survive the principal by a least 120 hours or they are viewed as having predeceased the other. As for the executor, each person has their own probate and you can have a different person for the husband/wife's case.... View More

If you want to try to settle her estate you likely will need to open up a probate case. The person appointed to be the administrator / executor has the legal authority to settle debts, file taxes, etc. on behalf of the estate. Keep in mind that most creditors must present their claims against the... View More

Without going into a more detailed analysis, I can tell you that the heirs at law pursuant to Section 2105.06 of the Ohio Revised Code would control where the assets went. The link is below. I would encourage you to sit down with a qualified probate attorney to ensure the estate is handled... View More

Depending on the circumstances you may be eligible to obtain a release from the Court from a full probate and obtain an order regarding payment of the check. I suggest sitting down with a probate/estate planning attorney to discuss in more detail.

Best of luck.