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.
The primary concern here is end-of-life care, which is to say nursing homes. I'm aware of the 5-year waiting period before these things generally come online.
Will a Living Estate work- I see it works in some states- or is that shut down in Ohio? Are there other options that would... View More
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
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.
These don’t show on my credit report
answered on Feb 19, 2024
More information is needed here. For example, based on your post, are you suggesting that these 3 credit cards are in your deceased hsuband's name only? Anyway, the short version is that if you stop paying then you are exposed to being potentially sued and the question is whether or not... View More
The will excludes her by name. She says dad told her that she would be taken care of. She claims she is getting an attorney. He has passed away.
answered on Feb 14, 2024
Assuming your father is still alive, he could communicate with her his wishes and this would reduce the risk of litigation. He could also initiate ante-mortem probate to make sure the will gets admitted while he's alive. If she's getting an attorney, then you probably need to speak to one as well.
His will splits his estate 50-50 between my sister and myself. I have financial POA.
answered on Feb 9, 2024
A will absolutely does not avoid probate. Rather, it guarantees probate. Avoidance of probate requires a different technique such as a trust or a transfer on death designation/document. An estate planning attorney can help you choose the best probate-avoidance technique for you.
My husband died three weeks ago, leaving a will with me as sole beneficiary and executor. Cremation is fully paid for, and there are no children, no previous marriages, his family are all deceased. My husband's house has already been transferred to me by a Transfer on Death affidavit, so no... View More
answered on Feb 4, 2024
ProSeniors is correct. From your description, the only asset you would have to probate is the $40 bank account and it would cost more to probate it than it is worth.
My father died about 31yrs ago. At the time I didn't know probate law the way I know it now so I didn't know that I only had a certain amount of time to get my father's things. His girlfriend at the time was upset because she found out he was cheating on her when he had an aneurysm... View More
answered on Feb 14, 2024
There is almost no chance of you recovering his belongings after 31 years of no action.
My stepfather left me his vehicle before he passed but it is in his and my mother's name with the word and in between and wros at the end. She passed away before he did and he never changed the title to just his name but he signed his name before he passed. Was he supposed to sign her name to... View More
answered on Jan 26, 2024
Unless there's a beneficiary on the title, the car will have to be probated. Your stepfather's next of kin are entitled to the car. If they were all willing to assign their interest to you, then you could get the car.
I have a property i recieved through probate that my parents once owned. I had to settle their debts first (tax lein and medicaid lein). Probate closed over a year ago but now I an finding out I have "encumbrances" attached to the title of my property. One in particular is from a nursing... View More
answered on Jan 12, 2024
I've never heard of anybody getting out of paying the Medicaid claim by waiting for the statute of limitations to run.
answered on Jan 11, 2024
It's difficult for an attorney answering this question to know what "very little" means. Assuming we are talking less than a couple $1000, the family could file for an administrative relief from probate / summary administration. If the assets are even less than 1000 the family may... View More
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
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