You will have to check the deed to the property. If the house was titled in joint names with rights of survivorship, you will have one probate. If it was in joint names as tenants in common (no survivorship) you will have to probate the estate of the first spouse to die, and then probate the...View More
In my experience, if it was a true pension (meaning it had a defined benefit) the pension ends upon her death. If it was an IRA or 401(k) retirement plan it will be paid the the name beneficiary, or if there is no beneficiary to her estate where it will be distributed as provided in her will or...View More
Your husband dies and in his will he left all the money in your shared savings account to his kids from a previous marriage. The savings account has all the money you need to live off of. Can the kids legally take all that money from you even tho that’s your money you have been saving? There is... View More
It is very settled law in Ohio that joint bank account passes to the surviving joint owner in the event of the death of the other co-owner. The account does not pass through probate and is not controlled by the terms of the will.
As his spouse, his 401(k) should pass directly to you as the beneficiary. Federal law requires a spouse to be the beneficiary of their husband or wife's 401(k), unless you signed a waiver. If you owned the house as joint tenants with rights of survivorship, the house will automatically...View More
If my brother only had money in a bank account, do I check the first box about "The delivery to the applicant of decedent's personal property set forth in the application with the title to that property."? And if so, what title are they talking about? There is no title to money in... View More
My dad passed suddenly. He had life insurance and several pensions for my mother. He had no will. His car was surrendered and the remaining wiped. His student loans forgiven. I took care of all of this. He has simple credit card debt. The house is a survivorship deed and we have a small town... View More
You are required to provide notice in a publication of general circulation in the county in which the estate is being administered. You would only do this for heirs that you cannot locate, as their is no obligation to notify most creditors.
If you house it titled as joint tenants with rights of survivorship you don't need to probate the house. Check your deed to see if it has the words, "for their joint live with the remainder to the survivor of them." If the deed has that phrase, you can remove her name with an...View More
At a minimum the executor should wait 6 months from the date of death as that is the time creditors have to file claims against the estate. However, the time frame can vary greatly depending the size and complexity of the estate.
I am the sole heiress, currently POA, his caregiver and will be executor. There is a mortgage and an equity loan not in my name but my parents. My mother is dead. Dad is alive by very sick. Both of their names are joint owners on the house title and the mortgage and equity loan. He has a registered... View More
You need to go see an attorney. You need to verify the house was joint with survivorship between your parents so it can be transferred out of your mom's name and into your father's name. If the house is not in survivorship between your parents you have a lot issues to work through. If...View More
In my will, my two children will get 95% of my estate, and the remaining 5% will go to my four grandchildren. BUT, all my annuities, bank accounts, CDs, etc are POD to my two children. So how will my grandchildren get anything at all?
They won't. Your will does not control assets with beneficiary designations. You will need to trust your children to follow wishes, or revise your plan to provide for your grandchildren. If you are worried about probate you may want to consider a living trust.
Sister in law (SIL) who also was named sole heir in their wills. No other assets except small bank account less than $1000 which was joint with SIL & used to pay house related bills. No probate estate opened. SIL has sold house. Is she obligated to pay any of Spouse's medical bills with... View More
The only creditor who would be able to make a claim is Medicaid. All of the other creditors can only make claims against the probate estate by presenting their claims to an appointed executor or administrator. Since there is no probate estate the nursing home cannot collect from your sister in...View More
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