We are in Ohio. He was a single man with no spouse to pass his real estate and property to. I am told there is a Will, but as far as I can tell there is not a survivorship affidavit on file. He is listed as sole owner of his house (with a mortgage), and I am told his youngest daughter plans to sell... View More
The short answer is that you simply have some misunderstandings about the way the process works. If the title to your neighbor's house was in his name, only a legal representative can sell the house. That means probate. The alternative is if the house was in a trust or was set to pass...View More
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
Has your husband opened an estate for your late mother-in-law? If not, no. Even if an estate has been opened in probate court it will need to go into the estate's account. As executor, your husband has a duty to marshal his mother's estate assets and distribute them according to her...View More
I received a “Notice of Probate of Will” letter and it says I’m “A person who would be entitled to inherit from the decendent had the decendent died intestate.” My dad died a few years ago he had a will and his mother died a few months ago also with a will.
You received the Notice because you are next of kin; it is just to inform you that your grandmother's will was filed with the probate court in the county where she lived. You will need to look online to see what the will says. You would be entitled to your father's share of your...View More
Family member passed away and we inherited a percentage of this property. Other family member who inherited percentage of the property was living in it and refused to move or sell the house when we had a buyer. The property was foreclosed on because they did not pay the mortgage. Property went to... View More
You probably need to file a partition action to force the sale. Except, the mortgage company may beat you to forcing another sale. A partition action can take months (or years) before you reach the end. I recommend you find a real estate attorney to advise you what your rights are.
His house is being foreclosed on. I have no interest in his estate. He is divorced so neither does his ex-wife and his only son is a minor. His mortgage company and the county court keep sending me foreclosure documents and demand payment of his mortgage. I sent his son's attorney a letter... View More
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
My son was adopted by his mother’s second husband changing his name and birth certificate.
My son has grown and his adoptive father has passed away. Son would like to have his birth certificate changed to have my name as his father. He has already changed his name back to what it was... View More
Given these facts, I think any probate attorney may need to do some research to be truly confident as to the process needed to achieve the desired outcome. If changing the words on the certificate is truly the only desired outcome, then I'd start with the health department that issued the...View More
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
than a year after trust settled. The trustee was an equal co-beneficiary. Has claimed that all accounts are closed. Respective attorneys apparently have accepted that assurance. Trustee has ignored repeated requests from fellow beneficiaries for closing statements - requests beginning more than... View More
What is the issue here? Are you concerned that the trustee didn't distribute all the money? If so, this would be alarming. But, if you're concerned that the trustee has kept a checking account open after all money has been distributed, and is using the account for personal reasons, then...View More
I had someone who was very close to my family pass away and he was adopted when he was little. He was an only child after being adopted but has a biological sister who is still alive and he has no other family at all. He had told multiple people around him that he wanted my mom to get his home but... View More
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
My husband and I divorced, both are still on the deed to the house. Divorce decree states when I’m ready to sell we split the proceeds. He passed away and now his wife wants half the house in her name. The deed has survivorship rights. So I thought the house should go into my name. What trumps... View More
Sign and record an affidavit of survivorship with a copy of the death certificate, per the survivorship deed. That will put the house into your name. There is no obligation to also put the house into her name, unless a court would order that, or unless the divorce decree already says that. But...View More
Is there a probate law that permits the filing of a probate administration in Ohio if all the decedent's assets are located in Ohio and the decedent was never domiciled in another State except as a prison inmate?
The decedent, a former resident of Cuyahoga County, traveled to Oregon... View More
Interesting question. It all depends whether the decedent was a resident of Oregon. After a quick internet search, it seems there may be some authority for saying that a prisoner retains their pre-prison residency. The job of a lawyer is to do the necessary research to come to a conclusion on...View More
My sister passed away in 2020. She had money from a settlement in the bank. She had 3 children and no will. Is it too late to file with the probate courts for her children to get the money? Am I able to do it for them? I'm in the Akron area, but she lived in the Cincinnati area.
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
A judgment entry approving Inventory is the courts authentication of what has been presented to the court as actual assets and their accepted value by the court. Another hearing is likely for the termination of the estate.
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