theres another sibling involved who is still residing in the home and I need them out. Water and electricity are shut off and it is uninhabitable. How do I get them out of the house? What are my next steps?
answered on Dec 20, 2023
Here in Ohio the answer depends on a number of factors. Being appointed the administrator of the estate is a good first step. If the sibling has established residency you may need to commence eviction proceedings to get them to leave.
All in all, I recommend sitting down with a qualified... View More 
The will states any money in the bank or deposits on hold shall be divided.
answered on Dec 18, 2023
"on the bank account" is a bit vague. If the person named as executor was a beneficiary or a joint owner of the account, then that money is theirs, it's not subject to probate or the will, and they don't have any obligation to share it. If the executor has a bank account titled... View More
My father in law passed away recently without a living will and my husband is next of kin, but his father was living with his niece at the time of death who will not contact us. We are trying to get his affairs in order and My husband was wondering if he was aloud to collect his fathers things from... View More
answered on Dec 13, 2023
Your husband will need to open an estate administration case in probate court to exercise his rights regarding his father's estate. His cousin (the father's niece) has a right to keep people out of her apartment. Thus the only way to force her to do anything will be to get an order... View More
I need a template Judgement Proof Letter for credit debt. No estate and no assets.
We do not get income Bank ignores
Grantor trust and w9 requestor instruction
The IRS will send you a notice if the payee's name and TIN on the information return you filed do not match the IRS's records. (See Taxpayer Identification Number (TIN) Matching, next.) If you... View More
answered on Dec 7, 2023
I'm not sure a question is posed here. A Tax/Estate Attorney specializes his or her practice on those areas of law. The Internal Revenue Code is obtuse at best, as can be the rules governing many Trusts. It sounds like you need to sit down with such an attorney to review the Trust and the... View More
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
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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.
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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
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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.
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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
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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.
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