The trust doesn’t mention any certain assets just says all assets to be split. But the checking and savings have a transfer of death to someone else and they are saying it’s all theirs.
answered on May 28, 2023
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... Read more »
which executor handles the jointly owned accounts? Who does the money in those accounts go to?
answered on Apr 30, 2023
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.... Read more »
She does have a bank account with maybe $600 in it. I have not done anything to get access to this account. I also did not file her taxes. Looking for guidance or at least to be pointed in the right direction to a lawyer who can assist.
answered on Apr 22, 2023
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... Read more »
Ohio resident had no spouse or children. Resident's parents are deceased and has siblings. One sibling legally disclaims entire estate. Do the children of the disclaimed sibling have a legal claim or would the entire estate go to the remaining siblings of the deceased?
answered on Mar 29, 2023
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... Read more »
answered on Mar 7, 2023
I encourage you to sit down with a probate attorney. The first question I would ask is why are you seeking to probate the Will? What are the assets, where was the primary residence, were they set to pass through another testamentary mechanism?
At a basic level, if you are looking to find... Read more »
answered on Mar 7, 2023
I recommend sitting down with an estate planning professional to discuss. If your mother makes such a transfer it could be subject to gift taxes. Additionally, if she were to need benefits under a needs based assistance program like Medicaid, such a gift would impact her eligibility and may mean... Read more »
My father-in-law passed away and my husband and his brother and sister don't get along with their stepmother. We received a waiver of notice from our local Ohio probate court listing the stepmother as administrix of my father-in-law's estate since he passed without a will. They don't... Read more »
answered on Mar 2, 2023
If you don't sign the waiver of notice, then the applicant must send you formal service of process to notify you of the application to administer the estate. You will get a hearing date and have the opportunity to voice your concerns to the judge.
All in all, it sounds like you may... Read more »
What do I do with the check. He had no will. His two children are grown adults. We owed nothing as far as property or vehicles or financial accounts. Desperate in akron,ohio
answered on Oct 27, 2022
I recommend contacting the pension company to see how things were set up. If you are indeed the beneficiary, then the bond company will usually re-issue the check in your name. On the other hand, if you are not the beneficiary on the account, then the check is an estate asset and you need probate... Read more »
I do not want to go to probate court, the dealership has possession of the car and cut me a check i used to pay funeral costs. it is no longer on my credit am I still responsible for the car?
answered on Oct 4, 2022
Probably not. It sounds like the vehicle was repossessed by the dealership. Until a vehicle is paid in full, the title does not pass to the purchaser. When a vehicle is repossessed they go back and resell the vehicle. What happens with the either refund (if the sale exceeds the balance on the... Read more »
answered on Oct 4, 2022
In short, it depends on how the notary is signing. If they are just notarizing a signature, no it does not work. If they are signing as a witness, then it may. I would have to refer you to Section 2107.03 of the Ohio Revised Code (link below). It's going to depend on the specifics on... Read more »
The time to go through probate in this case has passed so I am looking for other options by which to transfer title to the heirs
answered on Sep 22, 2022
The answer varies somewhat from state to state. Generally speaking, if probate is passing "intestate" that means that no Will was completed. It gets to the heirs at law through probate and must be approved by the Probate Court. Otherwise, property can pass to another through operation... Read more »
him for Medicaid. His home has been a mobile home. Its fair market value is $7400 and that is his only physical asset. If he applies for Medicaid now and is accepted, as soon as we sell the trailer, his assets will be above $2000 which makes him ineligible for Medicaid until he spends down the... Read more »
answered on May 4, 2023
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.
Close her estate without going through lengthy process to cash small check?
answered on Mar 12, 2023
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.
Hi, I have a situation where both of my parents (whom were married)are deceased. There are 3 children but I am my father's only biological child. My brother and sister are not my father's bio children nor were they ever formally adopted. Recently, I was contacted by a company that finds... Read more »
answered on Mar 7, 2023
The short answer is probably not. A more detailed look at the assets and any estate planning documents would be needed. Timing is important as well.
Best of luck.
The estate in located in Ohio. I have also begun the probate process. I have letters of authority. I also have submitted the inventory list to the court, currently awaiting approval. I'm basically asking what are my steps to sell the home legally?
The home does currently have a... Read more »
answered on Sep 27, 2022
It's not the answer you're going to want to hear, but it depends on many other factors. Probate can be very complicated. I highly recommend sitting down with an attorney to review the situation in detail and advising you.
Best of luck.
I have lived in family house about 30 years, maintained all of it, paid all taxes to date. My mom used priest many years ago to put house in me and my bro name when she died but house only went in his because of a nasty divorce I had when younger and I cannot find the priest or have paperwork. My... Read more »
answered on May 23, 2022
There is no short answer to this question. I highly recommend sitting down with an attorney to see if there are any avenue's you can take in trying to keep the house.
Best of luck.
answered on Apr 20, 2022
I agree with Mr. Epling. Typically it means that the agents must act unanimously, as opposed to independently of one another.
Would it be possible for me to win a lawsuit against the city of University Heights?
answered on Feb 14, 2022
Potentially. I highly recommend sitting down with an attorney asap. Getting a jump on things and preserving the evidence can make or break your case in many instances.
Best of luck.
The trust was in his and his two sisters name
answered on Feb 13, 2022
In short, it depends on the terms of the trust and what items were moved into the Trust. I recommend getting a copy of the trust and sitting down with an attorney who practices in this area of law.
Best of luck.
My sister passed and her husband passed years ago as well. She has 2 daughters that are 7 and 9. Can my brother be the fiduciary from out of state. Also, would the executor also be responsible for the deceased SS benefits for the kids?
answered on Feb 10, 2022
If your brother was named an executor in the Will then yes. If he was not named, then no he cannot be an out of state executor.
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