A beneficiary named on a policy overrides what it says in the will as to that asset.

If someone dies without a will, then this is what is known as dying "intestate." In that case, his closest next of kin will inherit his property. In general, the order is, wife and kids, then grandkids or more remote descendants. After that, is his parent(s) if living, then his siblings... View More

In certain cases, the State of Ohio will not claim the property right away (sometimes not at all.) One example is if a spouse or a disabled person is living there. There are other exceptions as well.

If the trust was established in Ohio, then you are entitled to a copy of the trust and a full accounting.

Yes, this is commonly done by including a trust provision that causes the trust to be includable in the decedent's estate for tax purposes only.

Perhaps there is an unpaid funeral bill to be paid.

See Ohio Administrative Code 5160-3-16.5)H)(3)(c) "If funeral and/or burial expenses for a deceased resident have not been paid, and all the resident's resources other than the PNA have been exhausted, the resident's PNA... View More

In Ohio, the trustee must act reasonably and in good faith when exercising a power that has an ascertainable standard, such as the trust you have. Here is the Ohio statute:

5808.14 Judicial standard of review for discretionary trusts.

(A) The judicial standard of review for... View More

Yes and yes.

If they have a child who collects Social Security disability, then there are trusts that can protect some or sometimes all of these assets.

In addition, there are other strategies to protect some of these assets.

It would be well worth your while to speak to an elder law attorney.... View More

It would depend on the type of assets she has and the amounts. Is there anyone in Ohio who is currently overseeing her care?

Even if her income seems too high, there are ways to still qualify for Medicaid, such as by setting up a qualified income trust.

In terms of her assets, it may be worth spending them on her care and then qualifying for Medicaid, when her assets are below $2,000.

If she has... View More

You would need to do a search on the county recorder's website to see if the bank has a mortgage on the property that is securing the line of credit. If so, then the loan would need to be paid off when the house is sold.

Probably not. You would just need to go to a BMV that also has a Clerk of Courts and show them his death certificate. Then, his name can be taken off the car title.

Beneficiaries named in a retirement plan or life insurance will always override anything stated in a Will.

It is a matter of interpretation by the probate judge. It sounds like the intent of the Will was to say that if either of you died, then your son takes that 1/2 share. It does not sound like the intent was that if your brother died, that you will also lose your share. It would be up to the judge to... View More

It depends on a number of factors. If the money put into the trust was owned by the beneficiary at some point, then there is probably no protection. If the trust was funded with assets from a third party, such as a gift from a parent, then there might be protection if the trust document had a... View More

Ohio Law is not crystal clear on this. On the one hand, the Estate Recovery statute claims a very broad right to any asset held by the Medicaid recipient at death. On the other hand, the Ohio statute regarding life insurance says that it is usually protected from creditors, as long as a beneficiary... View More