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My mother recently died in Lawrence County Ohio. She has 2 children, myself, a 44 year old Kentucky resident, and my sister, a 49 year old West Virginia resident. Her estate only consists of a 2009 Honda Civic, no other assets, no owed debts. What is our best course of action since neither of us... View More 
answered on Sep 24, 2024
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
We are in Ohio. He was a single man with no spouse to pass his real estate and property to. I am told there is a Will, but as far as I can tell there is not a survivorship affidavit on file. He is listed as sole owner of his house (with a mortgage), and I am told his youngest daughter plans to sell... View More
answered on Dec 4, 2023
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
I had someone who was very close to my family pass away and he was adopted when he was little. He was an only child after being adopted but has a biological sister who is still alive and he has no other family at all. He had told multiple people around him that he wanted my mom to get his home but... View More
answered on Aug 30, 2023
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
Will my brother and I receive the inheritance that way? He is married to a woman that is not our mother and plans ot leave her his house and other assets. I am trying to get him to set up his will, but if he died tomorrow, would we receive money from the accounts we are beneficiaries to? We reside... View More
answered on Aug 25, 2023
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
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... View 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.... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More
theres another sibling involved who is still residing in the home and I need them out. Water and electricity are shut off and it is uninhabitable. How do I get them out of the house? What are my next steps?
answered on Dec 20, 2023
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
We do not get income Bank ignores
Grantor trust and w9 requestor instruction
The IRS will send you a notice if the payee's name and TIN on the information return you filed do not match the IRS's records. (See Taxpayer Identification Number (TIN) Matching, next.) If you... View More
answered on Dec 7, 2023
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
My sister passed away in 2020. She had money from a settlement in the bank. She had 3 children and no will. Is it too late to file with the probate courts for her children to get the money? Am I able to do it for them? I'm in the Akron area, but she lived in the Cincinnati area.
answered on Jul 14, 2023
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
There was no will and my mom has 2 brothers and one sister still alive in Ohio
answered on Jun 20, 2023
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
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... View 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... View 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.
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... View More
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