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
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
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
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.
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?
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
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
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
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.
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
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.
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
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
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.
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.
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
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
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...View More
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?
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.
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...View More
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... View More
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