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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.
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.
which executor handles the jointly owned accounts? Who does the money in those accounts go to?
answered on Apr 29, 2023
The funds in the joint account go to the second spouse to die and administered under the will of the second to die. If the order of deaths is unknown, then you need to speak to an attorney.
Other assets are more complicated, as it depends how the wills were written and how they address... View More
Surviving spouse is afraid that Probate Court process is required in all death of spouse situations.
answered on Apr 27, 2023
If the real estate transfer is in the will, then probate court is required to get a Certificate of Transfer. When the transfer is by a survivorship deed or by transfer on death affidavit, probate court is not required for that transfer, but might be required if there are other transfers under the... View More
She does have a bank account with maybe $600 in it. I have not done anything to get access to this account. I also did not file her taxes. Looking for guidance or at least to be pointed in the right direction to a lawyer who can assist.
answered on Apr 22, 2023
If you want to try to settle her estate you likely will need to open up a probate case. The person appointed to be the administrator / executor has the legal authority to settle debts, file taxes, etc. on behalf of the estate. Keep in mind that most creditors must present their claims against the... View More
Thank you
answered on Mar 23, 2023
If there aren't any other assets or creditors, then maybe pretty soon. But, it's not unusual for payout to take a while if tax returns need filed, other assets need dealt with, or creditors need paid.
Dies, understanding that we may each pick someone different. (Would we each do our own TOD? (Wanting to avoid probate).
answered on Mar 20, 2023
A single TOD affidavit will allow the property to avoid probate. But, it will also allow the survivor to change the plan. If you want to lock in a plan, then you need to talk to an attorney about your options.
She had Medicare and Medicaid also has disability income and widowers support. Should I seek out a lawyer or go ahead and sell.
Become the assignee of the deceased member's portion of interest in the company? Or can the LLC's operating agreement keep them from receiving any of the profits generated yearly by the LLC until dissolution of the company?
answered on Mar 11, 2023
One spouse may certainly inherit the other’s interest in the LLC or part of it. It’s not exactly automatic. Exactly what depends on the total estate, other heirs, and terms of any will, prenuptial agreement, or other contracts. Inheriting is not exactly the same as being an assignee but the... View More
answered on Mar 7, 2023
I recommend sitting down with an estate planning professional to discuss. If your mother makes such a transfer it could be subject to gift taxes. Additionally, if she were to need benefits under a needs based assistance program like Medicaid, such a gift would impact her eligibility and may mean... View More
My father-in-law passed away and my husband and his brother and sister don't get along with their stepmother. We received a waiver of notice from our local Ohio probate court listing the stepmother as administrix of my father-in-law's estate since he passed without a will. They don't... View More
answered on Mar 2, 2023
If you don't sign the waiver of notice, then the applicant must send you formal service of process to notify you of the application to administer the estate. You will get a hearing date and have the opportunity to voice your concerns to the judge.
All in all, it sounds like you may... View More
we want to protect our daughter when we die.. what do we have to do to make sure she gets our house and life insurance policies. i dont want her to end up in probate court with our house, we do have a niece that can take care of her if we die before she turns 18. i want the best way to get things... View More
answered on Feb 20, 2023
The best way to take care of your daughter and to avoid probate is to create a trust. You can specify how money will be used while she is a minor and whether she inherits everything at age 18, or it is phased out to her.
answered on Jan 25, 2023
Along with executing the new POA that specifically revokes the prior POA, anyone who received the prior POA should be notified that the prior POA is revoked, and provide a copy of the new POA. Until someone is notified that the prior POA has been revoked, they will have no way to know there is a... View More
answered on Jan 17, 2023
I'll refer you to the table of consanguinity.
https://heirsearch.com/wp-content/uploads/2019/06/consanguinity_chart_web.pdf
I’m being told the jewelry must be melted and molded into gold bars and sold to a broker.
answered on Jan 17, 2023
I'm not aware of any reason why you couldn't receive your inheritance in kind; assuming the estate is solvent. If the executor won't work with you in a reasonable manner, then you probably need your own attorney.
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