If there is no will, then all siblings inherit equally. If one does not buy out the others or if the property is not sold, then they all end up owning the property equally, as tenants in common, with equal rights to inhabit the home.
I'm sorry, your question seems to have been chopped up a bit. You may need to sit down with an attorney as there are some critical factors missing. What type of policy was he the beneficiary of? Did he ever receive any benefit from the policy? Power of attorney is not the same as being the...Read more »
At the time the house was refinanced he had the option to be on the mortgage and he said he wanted no part of it. Our mom passed away on Dec 1,2020. As of Feb 20, he now want to take the house for himself and sell it. What options do I have? I am currently living there with my 2 oldest children.... Read more »
Both were on title. Mom was never probated. Mom had a very old will that was not updating leaving the house to dad than me. Dad is very sick and might die soon. I live in this property full-time as a caregiver and POA. We live in Ohio. Mom's debts were all paid off. Dad's estate may or... Read more »
My dad signed a 2 year business lease on 1-19-2021. He passed away 1-31-2021. He leased for 30 years from the landlord, was never late with his payment and now the landlord wants my mom to pay him a year's worth of rent to end the lease. She was never on the lease. They were married for 60... Read more »
She had 3 sons and two daughters. My grandfather was one. He died and it went to his wife, my grandmother then to her children, two aunts gave me their share. I only need to prove heirship to my great grandmother I have the rest. Thank you
Who are you trying to prove heirship to? In Ohio determination of heirship is governed by Chapter 2123 of the Ohio revised Code. An action would need to be filed with the probate court to initiate those proceedings. It also may depend on what assets you are seeking to obtain. Assets that pass...Read more »
Good illustration of why beneficiary designations should be reviewed and updated frequently. The bank account beneficiary designation requires the bank to disburse that money to the beneficiary. That money is not part of his probate estate, so it is not controlled by his will. It goes to the old...Read more »
It depends how title is being transferred...i.e. trust, transfer on death, or will. Generally, title to real estate vests in the heir upon the moment of death. If the will says that your brother gets the house, or if your brother is a beneficiary under a transfer on death instrument, then he may...Read more »
All POAs terminate with the death of the person who granted the POA. The debt to the nursing home is a debt of the deceased's estate. The family has no obligation to pay it themselves. The nursing home must file a claim against the estate within 6 months after the date of death, and if the...Read more »
We want to sell our house, buy my parents house at a lesser than market value, so we can move into the basement and give them the extra care they need. Will the state be able to come back on us and demand the rest of the money in the future? My parents are all for this and named the price he wanted... Read more »
There could be some implications for taxes and possibly Medicaid. Your parents should retain an attorney who specializes in helping seniors to review their situation, explain their options, and advise them so they can decide how best to proceed. They can use the Find a Lawyer tab to retain a...Read more »
my cousin asked for a place to stay, and he lost his job now hes staying here not paying rent although there is no rent agreement he was just supposed to stay a couple days and leave he kept procrastinating till he got mail here now hes using squatters rights on us so he dosent have to leave, how... Read more »
If you own the property, you can evict any occupant by following the proper eviction process. Check your local court for the notice and other forms to file for an eviction, or use the Find a Lawyer tab to retain a local real estate attorney to assist you, because you want to do it right the first...Read more »
Guardianship is the legal process where someone is appointed to handle the affairs of a living incompetent individual. The process you need to start in order to handle the assets of your brother is called probate. This is done in the County in which your brother lived at the time of passing....Read more »
My cousin passed away from cancer. Over 1 year later, his wife received a Bill from a large cancer treatment center. She had great insurance. He was receiving experimental treatment. The bill was denied because it was above usual and customary. $71,000
Did he have debts? Did he have a wife or other children? Did he have a Will? Your question is more complex than anyone can answer without all facts. Someone needs to apply to become executor or administrator. If you want to know for sure, you need to consult with an expert probate lawyer.
As a general rule yes. I do not practice law in Missouri but unless the POA in that state materially differs from those in Ohio they will and should be accepted by Ohio under the full faith and credit clause of the constitution. I am assuming that the POA does not limit itself to only Missouri...Read more »
About 30 years ago, my father, who recently passed away, created a will listing my grandmother as executor and me as guardian of estate along with my supposed half-brother. My grandmother passed away 13 years ago, I am in my mid 30s, and my supposed half-brother just turned 30. Would his will from... Read more »
My father recently passed away. On paper, I am his only child. He and my mother were married when I was born and he is listed on my birth certificate. When I was in 5/6, he was dating a woman who was separated from her husband. This woman became pregnant and had a son that she claimed was my... Read more »
You will need to speak to an experienced probate attorney licensed in the state where the decedent lived. Probate law differs from state to state and you are requesting information on a very specific set of facts pertaining to an individual’s right lay claim to the estate. Only someone familiar...Read more »
The only asset was a bank account (no house, no car, no physical property of value) and the debts are known to be greater than the amount in the bank account and there was no will. There are younger adult children and they don't see the point in spending the time, money, and energy going to... Read more »
No!!! Don't give up. Ohio has a statute of limitations on claims against an estate. The person who paid the funeral or the next of kin could wait 6 months and get a court order to release the money. It is usually a fairly simple process. You could also get an attorney to do all of it for...Read more »
The attorney for my Fathers estate claims that the executrix (my sister) does not need to communicate with me. The attorney said she only needs to communicate with him. I am being told nothing. What can I do about this?
If you are a beneficiary, you have to be notified of the filing of an inventory and the final account, giving you an opportunity to object, and the Court would schedule a hearing on any and all objections. Other than that requirement, the fiduciary has no obligation to communicate directly with...Read more »
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