Q: My mom passed away recently. I was on her bank account as POD and listed as TOD on her home, which is now in my name.
I have since closed the bank account but now I am trying to buy her vehicle that she owed $8000 on before her death. When I file probate paperwork (I’m executor of the estate) to try and get the car, do I need to list all of her assets like the house and money that was in her account even though I was POD and TOD, or do I just list the car which is worth about $14,000?
A: You only list those assets that are probate assets. Anything passed by a TOD or POD or a joint owner is not a probate asset.
A: This may qualify for a release (an expedited probate process). In Franklin County, the court provides legal services to the public to help people with these cases and I believe it doesn't cost you anything. Call them at 614-525-3891 or 614-525-3894.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.