I was removed from Mother's trust as trustee to a beneficiary without any knowledge. Mother cannot or will not give information if she is aware of what's happening. A previous beneficiary is now Trustee.
answered on Nov 27, 2023
Read the trust instrument first. If there's no mechanism to remove the trustee in the trust instrument, then you need to look to title 58 of the Ohio Revised Code for authority. I think you would be wise to buy an hour of time with an attorney to discuss this.
My dad died when I was a month old. His wife, my mom lived. In the county court there is no information at all except guardianship of a minor and estate but that is all it says. He was the incorporator and he started a business that is extremely successful today and ran by my mom's family. My... View More 
answered on Nov 21, 2023
You need to talk to a local attorney for help. I recommend Trent Stover in Sidney, OH.
My great grandfather passed away over 10 years ago without a will. Assuming the next of kin would get the property my grandmother never did anything with the deed. She never put the house in her name or anything and has been staying there ever since. The property tax has been “exempt” because... View More
answered on Nov 15, 2023
Please get a hold of a real estate litigator in your town. It sounds like you need more advice than this forum can provide. Your question does not contain facts that are crucial to analyzing this issue. Has there been an action filed against the property owners? How was the property titled?... View More
..Declaration”, and “Last Will and Testament” documents created in 2007 while residing in South Bend, IN. Since then we have changed residency to West Chester, OH. Are we required to update/modify these document to our change of residency?
answered on Oct 30, 2023
Under the US constitution, those documents are enforceable in all other 49 states. However, some documents (particularly the healthcare directives) should be looked at. In Ohio, most attorneys use forms approved by the Ohio State Medical Association and that's what most healthcare providers... View More
answered on Oct 25, 2023
You can write your own will. So long as two witnesses sign it it will likely be valid. You can, but do not have to, file the will at the courthouse. We often recommend that clients do file their will with the probate court to avoid later will contest actions.
Will his share be divided between his other siblings? Since they are also listed on the will. I’ve seen mixed answers online.
answered on Oct 18, 2023
The language of the will is critical here. Does it address a predeceased child? If not, then R.C. 2107.52 will apply.
Dad disabled and live in girlfriend left for a couple days-ish. She calls from cell and asks for well check. Deputies get there & break in - he unconscious & unresponsive on floor and covered from head to toe in dog feces. Dried, not fresh-yet the puppy they have is not anywhere to be... View More
answered on Oct 15, 2023
There is just too much baked into this question. The roommate, based on this description, does not have a specific duty to your father. I am certain that the police will look into this matter too find out what she knew and when she knew. The answer to those questions would impact my answer.... View More
answered on Oct 6, 2023
A dismissal and a refile on an ex parte motion will not look good, but proceeding on a factually insufficient or incorrect motion will look worse.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 20, 2023
In Ohio, if minors are designated as beneficiaries on financial instruments like CDs without specifying a custodian, complications can arise. Under the Ohio Uniform Transfers to Minors Act (UTMA), assets can be transferred to minors with an adult custodian managing them. If no custodian was named,... View More
He was from puerto rico
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 6, 2023
Certainly, in order to read someone's will, you should follow a legal process that typically starts by locating the will, consulting with an attorney who specializes in probate and estate law, and filing for probate if required. The will reading itself is not always a formal event but rather a... View More
I live in a different state and he was a not married.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 28, 2023
In the event of a person's passing, their estate typically goes through a legal process called probate. During this process, the assets and debts of the deceased are evaluated, and their estate is distributed according to their will or the state's intestate laws if there is no will. To... View More
Will my brother and I receive the inheritance that way? He is married to a woman that is not our mother and plans ot leave her his house and other assets. I am trying to get him to set up his will, but if he died tomorrow, would we receive money from the accounts we are beneficiaries to? We reside... View More
answered on Aug 25, 2023
You will inherit anything that lists you as a beneficiary. A will only controls assets that go to probate court, which are assets not jointly owned, having no beneficiary, or not in trust.
Is it illegal to write someone's will the way their wife wants it wrote?
Is it illegal to write someone's will the way the state would distribute things instead of writing it the way the deceased wanted it wrote?
Does a wife have any say in how her husband's will is wrote?
answered on Jul 26, 2023
Ultimately, it is up to the testator (the person who is signing the will) to give clear instructions to the attorney preparing the will as to what the testator's wishes are. The testator may, but is not required to, consult with his wife and may or may not honor whatever she thinks he should... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 12, 2023
The distribution of assets from an estate typically occurs after all debts, taxes, and expenses have been paid, and any necessary court approvals have been obtained. This ensures that the estate's obligations are properly settled and that the beneficiaries receive their rightful share... View More
My dad passed away and has a will that states to sell the house that he co owns with his ex wife to put for his funeral expenses. His new current wife is refusing to follow the will she is here on a green card from the Philippines. She is first in his paperwork but I am also listed that if she is... View More
answered on Jul 3, 2023
You will have to file an action against the new wife in probate court. Has the will been admitted to probate yet? IF not you may even be able to get yourself named as executor. Regardless, you should hire an attorney in your late father's county who regularly practices probate litigation.
answered on Jun 28, 2023
Generally, you need to pay the administrative costs, creditors, taxes, and beneficiaries, and then file a final account. Be careful...you could be personally liable if you don't do it right.
There was no will and my mom has 2 brothers and one sister still alive in Ohio
answered on Jun 20, 2023
Hello, more information is needed in order to answer this question. It sounds like you might, but a full analysis needs to be completed pursuant to Section 2105.06 of the Ohio Revised Code to make that determination. I recommend sitting down with a qualified attorney who can assist you and advise... View More
The trust doesn’t mention any certain assets just says all assets to be split. But the checking and savings have a transfer of death to someone else and they are saying it’s all theirs.
answered on May 28, 2023
Trusts only control assets that are inside the Trust. As Mr. Toron said, if an account is owned by a Trust and has a POD/TOD designation, that will not do anything as Trusts do not "die."
For a review of Trust assets and to determine how they will get to a beneficiary I highly... View More
Dad bought house with gf they are both on the title. Gf paid mortgage and dad paid electric bills, maintenance, for updates like flooring. He has cancer, if he passes away who does the house go to. My dad wants us his 2 children to have his assets. What does he need to do to ensure that?
answered on May 18, 2023
If the deed is held with rights of survivorship with his girlfriend, then his girlfriend will inherit the house if he dies first.
He needs to get an attorney to change the deed, while he is still alive.
My loved one supposedly wanted to be cremated and I think they didn't. My state requires all surviving living children to sign a document agreeing. I do not agree with the cremation.
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.
