I have had 2 OH lawyers say that an OH lawyer has to create my Trust since I reside in OH, but I own several rental properties and a second home in TN. The TN lawyer said he absolutely can create my trust.
Does one state trump the other or is it a free for all?
answered on Apr 22, 2024
You can probably use an attorney in either state. I would defer to your state of residency, though, since other assets could end up in the trust. Further, you may want a will that addresses your trust and the TN lawyer cannot draft a will for an OH resident. Location of the successor trustee(s) and... View More 
There is HEMS clause where he has authority to use the principal furthermore he stated that ultimately the principal goes to charity when it’s plainly written it goes to my daughter.
answered on Apr 22, 2024
You may want to engage an attorney to explain your rights under the trust instrument. The exact language used by the drafter is critical here.
Spouse doesn't have access to inheritance property which is a rental in another state. Spouse doesn't have access to rental bank account. Spouse is not on the deed.
Does a Trust have to be created in the state where you reside?
answered on Apr 16, 2024
You need to speak to a divorce attorney to discuss your rights.
He left everything to my children (two minors ages 8 and 6) to be held in trust until they reach 30 years old. He owns a home which I know he would want to be kept for them. He named a family friend to serve as the Executor of the will and Trustee for the kids. Well we were evicted from the place... View More
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answered on Mar 30, 2024
In your situation, it's crucial to understand that the legal dynamics surrounding estates, trusts, and real estate can be complex, especially when it involves minors and inherited property. Given the urgency of your eviction and the specific circumstances, seeking legal advice from an attorney... View More
We live together in Ohio and have one minor child and are not married and never were. My ex refuses to leave and also will not pay the mortgage (his agreed half of the bills when we bought the home).
How can I get my EX name off the property since I have been the only one paying the... View More
answered on Mar 25, 2024
What you want to do is not impossible. It is however highly improbable. What you will need to do as file and action called partition period you should seek out attorney who regularly practices real estate law in your county. It would be better still if that attorney practices family law. You only... View More
answered on Mar 16, 2024
Without more context this question is impossible to accurately answer. If the payment is spousal support it depends on the wording of the decree. Generally, domestic relations support orders are not dischargeable in bankruptcy. The remarriage may be a termination of support, but only if... View More
She is my 2nd wife. After her death, I would like the remainder interest to pass to my biological children, not hers.
answered on Mar 11, 2024
I believe that you may use a TOD affidavit to transfer a life estate to one person and the remainder to another person(s). See R.C. 5302.23(6).
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... View More
answered on Mar 7, 2024
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.
My grandfather passed in 2017, I was 17 years old. I know that I am a beneficiary to a trust, as is my brother, but I was never given any information on the value or really how it works at all. Now, as a 24 year old, I still have not gained that knowledge. My mother avoids discussing it and... View More
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answered on Mar 4, 2024
Any beneficiary of a trust with a fully vested interest may seek a copy of the trust document and an accounting of the trust from the trustee at any time. If the Trustee refuses, the beneficiary may bring an action for an accounting against them. This is the beneficiary's remedy if the the... View More
My sister was removed as guardian recently. I was the power of attorney before her guardianship. We have had many issues with the courts and feel it is too expensive and time consuming. Is it possible to re-enact the power of attorney document or should I apply for guardianship?
answered on Feb 21, 2024
If the POA is durable, then you may be able to terminate the guardianship due to there being a less restrictive alternative available. I recommend asking your attorney about this.
My dad passed away last summer. My sister (beneficiary) has been given a check from my father's life insurance policy and we are told the funds will be available in ~2 weeks. However, my dad has a high amount of medical debt left over. Is the life insurance money safe to be used or will... View More
answered on Feb 19, 2024
Proceeds from a life insurance policy, where the beneficiary is a named living individual(s), pass outside of the probate process, and the creditors have no claim to it because those proceeds are not part of your dad's estate.
These don’t show on my credit report
answered on Feb 19, 2024
More information is needed here. For example, based on your post, are you suggesting that these 3 credit cards are in your deceased hsuband's name only? Anyway, the short version is that if you stop paying then you are exposed to being potentially sued and the question is whether or not... View More
His will splits his estate 50-50 between my sister and myself. I have financial POA.
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answered on Feb 9, 2024
A will absolutely does not avoid probate. Rather, it guarantees probate. Avoidance of probate requires a different technique such as a trust or a transfer on death designation/document. An estate planning attorney can help you choose the best probate-avoidance technique for you.
answered on Feb 18, 2024
You need to ask this question of an OHIO lawyer but in general, a 'waiver' means you agree with something and will not be appearing in court to contest what is being asked.
HOWEVER, if you want specifics including what that Ohio code number means, you need to consult with someone... View More
My husband died three weeks ago, leaving a will with me as sole beneficiary and executor. Cremation is fully paid for, and there are no children, no previous marriages, his family are all deceased. My husband's house has already been transferred to me by a Transfer on Death affidavit, so no... View More
answered on Feb 4, 2024
ProSeniors is correct. From your description, the only asset you would have to probate is the $40 bank account and it would cost more to probate it than it is worth.
I received a letter from my Aunt's Estate asking me to approve her choice for Executor of her Will.
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answered on Jan 18, 2024
Receiving a letter asking for your approval of an executor in someone's will does not necessarily mean that you are a beneficiary in that will. The role of an executor is to carry out the wishes outlined in the deceased person's will and manage the estate affairs. Your approval might be... View More
This is about my father who died in 1981. He was a founder of a major company. I can't find anything at all about him anywhere. Not even an obituary, news about his accident, his marriage to my mother, nothing about his estate. I was a month old when he died and I found what looks like a trust... View More
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answered on Jan 16, 2024
That date pre-dates most archived electronic probate dockets. You will likely need to either 1) request that the docket related to the case be sent to you or 2) go to the court to obtain copies of the documents yourself.
answered on Jan 11, 2024
It's difficult for an attorney answering this question to know what "very little" means. Assuming we are talking less than a couple $1000, the family could file for an administrative relief from probate / summary administration. If the assets are even less than 1000 the family may... View More
They live in Texas, are not related to me, and state their attorney requires certain information. I am concerned about a swindle. Are there any instances that require more information than a name? Will they need my SSN? Bank account info? Etc.?
answered on Jan 10, 2024
It is likely that they would ask your name and address, so that they can keep you informed regarding the estate. They should not ask confidential information like SSN, bank accounts, etc. If something they asks makes you uncomfortable, don't do it.
answered on Dec 26, 2023
The POA does not have to list individual properties. It should say something similar to "to lease, rent, manage, contract to sell, sell, or convey real estate by deed or any instrument".
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