This all came up sudden but my mom has stage 4 lung cancer with Mets. I am her only living relative. From a legal aspect what do I need to start doing to get her affairs in order? I am very new to this and not sure what to do. She does have a will with me as executive. She does not have a... View More 
answered on Jun 8, 2021
You should contact an attorney who can help you set up a financial Power of Attorney and a Healthcare Power of Attorney.
That way, you can manage her affairs while she is alive.
A will only takes effect upon death.
We told them she was gone and there was no estate of and sent check back but now we have it back again.
answered on May 25, 2021
If you paid for her funeral, you can apply to the probate court using a Summary Release from Administration form to have the court authorize you to cash the check.
Otherwise, you will need to file a Release from Administration with the court, which will require more work.
answered on May 23, 2021
If another sibling is on the the deed, then that sibling has control of the house, including the right to occupy the house. If there are multiple names on the deed, then those same multiple people also have shared control of the house and shared right to occupy the house.
However, the... View More
My stepmother was in a nursing home which was partially paid for by Medicaid. She recently passed away. She had a small whole life insurance policy (under $10,000) that the social worker knew about when they helped her apply for Medicaid assistance. The policy value was over $8000 at the time.... View More
answered on Apr 22, 2021
Life insurance proceeds are exempt from Ohio Medicaid Estate Recovery, if payable to an individual beneficiary.
HOW WOULD YOU PREVENT THAT FROM HAPPENING? THERE ARE SIX CHILDREN WANT TO SIGN THEM ALL ON SO IT WOULD BE EQUAL. THEY ARE THE BENEFICIARIES IF WE DIE BUT WANT THEM TO HAVE THE HOME IN THEIR NAME UNTIL WE DO. DO THEY ALL HAVE TO SIGN IN PERSON? OR SEND IT IN. SEVERAL LIVE A GOOD DISTANCE. WHAT ARE... View More
answered on Apr 18, 2021
It would probably make sense to put the house into a trust in order to avoid some of these issues.
Depending on your goals, it might be a revocable trust or it might be an irrevocable trust.
You should definitely consult with an attorney for this before doing anything.
answered on Feb 27, 2021
If there is no will, then all siblings inherit equally. If one does not buy out the others or if the property is not sold, then they all end up owning the property equally, as tenants in common, with equal rights to inhabit the home.
At the time the house was refinanced he had the option to be on the mortgage and he said he wanted no part of it. Our mom passed away on Dec 1,2020. As of Feb 20, he now want to take the house for himself and sell it. What options do I have? I am currently living there with my 2 oldest children.... View More
answered on Feb 22, 2021
If there was a will, then it goes to those persons named in the will.
Otherwise, it would go the children, equally (if there is no living spouse.)
Either way, nothing can be done to the house until someone goes to court and is appointed as the Executor (or Administrator, if there is... View More
Both were on title. Mom was never probated. Mom had a very old will that was not updating leaving the house to dad than me. Dad is very sick and might die soon. I live in this property full-time as a caregiver and POA. We live in Ohio. Mom's debts were all paid off. Dad's estate may or... View More
answered on Feb 21, 2021
If the deed was held as "joint owners with rights of survivorship" then only one probate is needed. Otherwise, two probates are needed.
About 30 years ago, my father, who recently passed away, created a will listing my grandmother as executor and me as guardian of estate along with my supposed half-brother. My grandmother passed away 13 years ago, I am in my mid 30s, and my supposed half-brother just turned 30. Would his will from... View More
The only asset was a bank account (no house, no car, no physical property of value) and the debts are known to be greater than the amount in the bank account and there was no will. There are younger adult children and they don't see the point in spending the time, money, and energy going to... View More
Spouse in Nursing home due to stroke
answered on Oct 23, 2020
If she is able to sign her name and is aware of what she is doing, then she can sign a power of attorney form that grants you power of attorney.
My father passed away a week ago. He didn't have a will or anybody appointed to take care of his estate. He had no life insurance either. It's just my sister and I and we are on the same page with everything. Just wondering about next steps legally for his estate. He had a little credit... View More
answered on Sep 26, 2020
We would first need to know more information.
1) How large is his estate?
2) Do either of you live in Ohio?
answered on Jul 30, 2020
A POA can't make a will.
A POA document must have very specific statutory language in it in order to allow a POA to create an Irrevocable Trust.
Some POA documents require the Principal to be declared incompetent, but many do not.
All so where would I go to find a listing of the best Trust Layers in Cincinnati Loveland or Clermont County, Ohio regardless of the Pro Bono status.
Also who makes up this list?
answered on Jul 27, 2020
There is no official list for that. You could call the Cincinnati Bar Association and ask them for a recommendation.
answered on Jul 13, 2020
If she had a beneficiary designation named on the pension, it would go to that person.
Otherwise, it would go to the person named in her will. If she had no will, it would go to her descendants. If she has none, then it goes to her parents (or grandparents.)
If she had no living... View More
And the other 5 split the other half. It was notarized in a bank with 2 of her adult children witnessing. Is the paper legal or could I fight for 1/6 like the will says.
What are my next steps I do not have financial POA. I have Medical POA
answered on Jun 2, 2020
You will need to hire an attorney and apply for guardianship over your mother's financial affairs in probate court.
You can make medical decisions for her now, since you are the Healthcare POA.
However, without either a guardianship or a financial POA, you won't be able to... View More
She is a joint account holder with her aunt. Her aunt has a will but has not named an executor. Upon her passing, will the money in her accounts go to probate or will it go to the joint account holder (mother in law)?
answered on May 21, 2020
It would go to the joint account holder, if the official account paperwork says that both account owners have "rights of survivorship."
I live in the state of Ohio as my parents did for all our lives. I'm now receiving checks for asbestos settlement I filed about 2 years ago for my father . The checks are issued to the estate of (his name). Is there a way just to have the checks issued to myself? My mom past 4 years ago and... View More
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