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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
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
Good question. Keep in mind that a spouse has certain rights to retirement funds depending on the type of account he has, regardless of beneficiary designations. Timing also matters in this regard. I highly recommend you sit down with a qualified professional who can evaluate the situation in... View More
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
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 27, 2023
My colleague Attorney Frick is correct. The quick answer to your questions are
Is it illegal to write someone's will the way their wife wants it wrote? No IF they are in agreement AND the wife is not exercising undue influence (threatening the testator with violence, abuse, etc,)... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
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
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
which executor handles the jointly owned accounts? Who does the money in those accounts go to?
answered on Apr 30, 2023
A more thorough analysis would be needed. Here in Ohio, a beneficiary must survive the principal by a least 120 hours or they are viewed as having predeceased the other. As for the executor, each person has their own probate and you can have a different person for the husband/wife's case.... 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
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
answered on Mar 8, 2023
If she transfers her house to you both as a gift, in addition to possible gift taxes, you and your sister will acquire the home with your mother's cost basis for income tax purposes, so that when you and your sister sell it, you both will also pay capital gains taxes on the increase in value... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
