Get free answers to your Estate Planning legal questions from lawyers in your area.
My Grandma died. There are 3 daughters left behind. Some money and the car was left to a great grand child. The rest was left to the daughters. The money got transferred right to them, but the house wasn't set up that way I guess so they had to do some things to be able to sell it. I'm... View More 
answered on Nov 5, 2024
If your mother does not agree, she should use the Find a Lawyer tab to consult a local attorney who handles probate matters to review the circumstances of the house sale and advise your mother of her options. Many attorneys offer free consultations so she can find one to work with.
answered on Oct 11, 2024
First your mother will have to get the house in her name alone. Depending on the wording of the deed, that may require probate or an affidavit. Then your mother can do her estate planning. A will does not avoid probate, but there are other ways. A trust avoids probate. She should schedule a... View More
My grandmother died in July and her assets were in a trust. I believe that my father, who died three years ago, is a beneficiary of the trust and I would be a successor beneficiary and may be entitled to his share.
The problem is that, despite multiple requests, the trustee has not provided... View More
answered on Sep 30, 2024
Beneficiaries are entitled to a copy of the trust instrument, among other things, under Ohio law. If you are having a difficult time with the trustee, then you need to be proactive. This is a common story and the longer you wait the more likely you are to end up with nothing. I recommend getting an... View More
My mother recently died in Lawrence County Ohio. She has 2 children, myself, a 44 year old Kentucky resident, and my sister, a 49 year old West Virginia resident. Her estate only consists of a 2009 Honda Civic, no other assets, no owed debts. What is our best course of action since neither of us... View More
answered on Sep 24, 2024
It sounds like the estate may qualify for a simplified proceeding to handle the vehicle. Unfortunately, a Court process is still involved. Depending on what estate documents are in place you may need to retain local counsel to handle the matter for you.
I recommend setting up a... View More
He doesn't have other assets besides the car and a home loan but his roommate is the sole owner of the home loan now. All I want is to payoff his car and get it in my name without taking on any other unknown debt or paying taxes? I can't afford anything but the car. Is there a easier way... View More
answered on Aug 28, 2024
The Probate Court requires all of the assets to be inventoried and properly distributed by the administrator of the estate. Use the Find a Lawyer tab to contact a local probate attorney. Many offer free consultations.
Along with the house being worried about he is also worried about losing his vehicle that is in her name only. Can the siblings take vehicle also
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 16, 2024
Brother needs to hire an OH attorney to search the title and determine ownership. The vehicle is probably the property of the next of kin, which does not include the Brother.
He is showing signs of dementia. He has no money other than social security. My brother and I are trying to get power of attorney to handle his business but he is becoming suspicious of our motives. We need to get him help but he is refusing. We have no money to help him
answered on Jun 24, 2024
Talk to social security about becoming the representative payee. If SS is the only income, then you may not need the POA or guardianship to pay the bills as rep payee. If this doesn't work, then you may need a guardianship.
Dad was diagnosed a few weeks ago and can no longer drive, manage his finances or cook for himself, per the evaluation. The forward prognosis is difficulty dressing, bathing and feeding within a year. I am a licensed CPA and need to confirm what I can and should not do. I have durable POA and it... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2024
Do you need to as a matter of law? No. Will every nursing home, health care provider, and bank give you a hard time about the POAs and make you jump through a million hoops that you wouldn't have to do if you had guardianship? Absolutely yes.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 6, 2024
Any asset acquired prior to marriage, unless comingled with marital assets, is non-marital. It should not need additional protection. Exceptions to this can include certain property used by both parties, like a house, that was appreciated in value following the marriage. In general, though,... View More
We moved into their house 2 weeks before his dad died. My husband's brother, David, is executor of estate and power of attorney for my mother-in-law. Per my husband, a verbal agreement was made that when my mother-in-law passed, her house would be sold and we would receive a larger portion for... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2024
I'm sorry to hear about the difficult situation you’re facing. Given the verbal agreement and the substantial care your husband provided for his mother, it’s understandable that you feel entitled to a larger portion of the estate. However, verbal agreements can be challenging to enforce... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2024
The settlor of a revocable trust can change the trust even without a notarized letter. It just needs to be in writing and signed by the settlor, although notarization or witnessing is best practice.
My little sister moved to Ohio and got married and has been separated from her husband for over 5 years and now her husband is incarserated and has been for 8 years They have a son that is 16 She just recently was in a car wreck that took her life ..and now for next of kin with him in prison should... View More
answered on May 20, 2024
Those who paid for her funeral may get reimbursed if they submit a claim before the deadline. But, I'm not aware of an exception to inheritance for incarcerated persons. As such, he will likely be entitled to his share of her estate. The husband should name somebody as power of attorney to act... View More
Should the heirs of my father have received a copy of the will from some reputable attorney firm we live in Ohio Father lived in Pike county Alabama we're having trouble since we're states apart finding a attorney that can represent us in this matter.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2024
Unfortunately an Ohio attorney is not going to be able to help you here. Because you father lived and died in Alabama, his will and estate will be probated there and be subject to Alabama law. Good luck in your search!
As executor atty & probate judge said they didn’t file proper claim by year 2, now they are suing the beneficiary-after trying to sue me (executor) is this legal? My mom was NOT on Medicaid, she was covered by Medicare, which stopped halfway through her stay, even though her condition had... View More
answered on May 1, 2024
Ohio's Medicaid Estate Recovery program has authority to recover assets of the decedent to repay for the services they paid for.
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.
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).
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.
