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If a man dies intestate in New Jersey with no spouse, parents or grandparents and only cousins. He has 7 living 1st cousins and 87 1st cousins once removed on his maternal side. He has 3, 1st cousins once removed on the paternal side in total. Who inherits? Does it all go to the maternal 7... 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.
I just want my fathers car. I was going to pay it off because it means something to me. Can't get the title transferred through because he didn't have a will or executor of estate. Will someone have to take on all his financial responsibilities and distribute it or can I just get granted... View More
answered on Aug 28, 2024
If he had no will, then someone, usually a family member, must file with the Probate Court to open his estate to legally distribute his car and any other assets to his legal heirs after payment of debts for which proper claims are filed. Use the Find a Lawyer tab to consult a local probate... View More
Her house and vehicles had a TOD, bank account was joint with someone else. Her will states that things are to be split equally between the children. Are the house, vehicles and bank account exempt from the will and having to be split? Does her will need to be filed in probate for the contents... View More
answered on Sep 3, 2024
Assets that have proper TOD designations are not probate assets. Personal property and other accounts or items without TOD could require her estate to be opened to transfer those items. Use the Find a Lawyer tab to consult a local probate attorney who can review the assets with you and advise you... View More
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answered on Jul 9, 2024
Obviously there is no will. But you should consult with an OH attorney to see if probate administration is necessary or not. There are alot of considerations and expenses, and if the assets are not substantial, probate should be avoided.
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.
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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!
In Mom's Will, there is no mention of her mortgage or who inherits the house. Neither child wants it. Small, inexpensive estate and we can't find anything on life insurance. Who pays mortgage? Can I as executor sell it? Am I legally still required to pay on the house until it is sold?... View More
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answered on Apr 22, 2024
I'm so sorry for your loss. Dealing with a parent's estate can be complicated, especially when there are outstanding debts like a mortgage. Here's some general information, but I would strongly recommend consulting with a probate attorney in Ohio to get specific legal advice for your... View More
My fiancé of 7+ years and I have one son together it’s his only child he is only 7 we have lived together the majority of those years and everything we have was in his name he had a heart attack and passed away and now unfortunately my fiancés half sister wants to fight over property and... View More
answered on Apr 15, 2024
All his assets go to his child. You better find a way to get an attorney. His stepsister isn't entitled to anything here.
I did probate a 12,000 car because I did not know the TOD had to be given to title office before death. So they want all the money from the car and each want 1/6 of the bank and house. There was 6 kids but I was her 24/7 care giver they never even talked to her or seen her.thanks
answered on Apr 14, 2024
Any accounts with a Payable-on-Death (POD) designation and properties with a Transfer-on-Death (TOD) designation are not subject to probate and will pass directly to the individuals named as designees. Consequently, your siblings would not have any claim to those assets. However, any assets that do... View More
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
My lawyer has control of my father’s estate. Ohio commerce has 120 day processing turnaround. This was supposed to be done in August 2023 when he first received it.
answered on Mar 27, 2024
You should ask the executor or administrator. If the attorney is acting as executor or administrator, then they have a duty to keep you informed. If you're dealing with unclaimed funds, then any delays could be justified.
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 husband had a stroke a few years back I took care of him as he was 24/7 care at home for almost a year ,well in that year I was driving out car that was in his name and someone hit my car wrecking it completely,it had to be totalled out i was also hurt in this accident went to court, even though... View More
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answered on Mar 2, 2024
Firstly, my condolences for your loss. Dealing with legal matters after the passing of a loved one can be overwhelming. In your case, since the check is in your late husband's name, you'll need to follow certain procedures to cash it. You should reach out to the issuing party or bank to... View More
She gave me power of attorney to write checks in her behalf and to oversee her account. But now that she's passed we didn't get the executor of the will and the will in time. She has no other assets no property no house no cars nothing
answered on Feb 26, 2024
The bank might or might not allow deposit of the insurance check. A Power of Attorney terminates when the person dies. So any use of that POA now would be unauthorized. If the bank won't accept it, ask the insurance company if it would reissue the check to an heir or beneficiary. If not,... View More
He was not married but had a partner of 12 years. They have an 11 year old son. We are just not sure where to turn.
answered on Feb 23, 2024
The son will probably inherit any probate assets. You should probably talk to an attorney to make sure the interests of the son are secured and protected.
My step mom claimed she was my biological mother on court documents so that she would not have to share his assets with me. She then claimed he had no belongings so that she could avoid probate court entirely. What she did claim he had was only $4,000 worth. I would like to know if I have any... View More
answered on Feb 22, 2024
Fraud can be reported to the court. I recommend having an attorney. The cost/benefit analysis is always important here because it costs money and time to convince the court that a fraud occurred.
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.
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