Get free answers to your Estate Planning legal questions from lawyers in your area.
My father, who is very ill and under hospice care in Ohio, has expressed his wish to be buried with family in Florida. A woman he has been in a long-term relationship with has taken charge of his medical decisions, claiming they are married, though there are no legal records to support this, and... View More 
answered on Apr 27, 2025
Here in Ohio there is a specific assignment that can be made to ensure the correct person(s) handle final arrangements, and to memorialize any wishes. See Chapter 2108 of the Ohio Revised Code. (link below)
https://codes.ohio.gov/ohio-revised-code/chapter-2108
An estate planning... View More
My father, who is very ill and under hospice care in Ohio, has expressed his wish to be buried with family in Florida. A woman he has been in a long-term relationship with has taken charge of his medical decisions, claiming they are married, though there are no legal records to support this, and... View More
answered on Apr 28, 2025
I would find out where they were allegedly married and see if there is a marriage licence registered there (with the proof of solemnization of the wedding). If there is no wedding then she would at the very least need POA or be listed as a Health Care Declaration proxy. Your question did not... View More
I currently have a will and a trust where all my assets are listed. These include my savings, house, and CDs, which I want to change to Payable on Death (POD) accounts. My intention is for my one son and minor grandson to receive everything. I'm curious about the legal implications and which... View More
answered on Apr 9, 2025
I suggest you discuss this with an estate planning attorney. I am assuming your trust is revocable. If your savings accounts, house, and CDs are titled in your trust, then they will each need to be retitled, and then a TOD beneficiary assigned. If those things are titled in the trust, the trust... View More
I believe there may have been undue influence on my mother's will. My mother, who had initially promised to leave me some money and paintings, was diagnosed with dementia. After her passing, I discovered her will left me nothing. My brother, who was her caregiver during her illness, provided a... View More
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answered on Apr 8, 2025
Will contests are very difficult cases. You will need to consult with an experience probate attorney who can talk you through the elements and your likelihood of success. If she executed a will after her diagnoses of dementia, and gave her assets to her caretaker, that can be prima facie evidence... View More
I am facing a situation involving potential death certificate fraud. After my husband passed away, I was not contacted by the hospital because his children informed them there was no living spouse. I suspect there may be two death certificates, as he was already at the funeral home before I was... View More
answered on Feb 18, 2025
The idea of two (2) death certificates should be resolved fairly easily by requesting a certified copy of his death certificate from Vital Statistics.
As the surviving spouse you have rights to receive certain assets from the Estate. Any claim the children have should be addressed through... View More
I'm the only child and he wasn't married or anything. filed the summary release from administration that I was told to and took it to the bank, but the bank gave me a check made out to my dads estate. There is no estate and all of his bills were taken care of. I guess I have to open an... View More
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answered on Jan 29, 2025
This is a common bank error. They are good at estates, where there is an administrator or executor. They are not good at summary administrations or release from administrations, where there is a commissioner. Your order from the court should have ordered the bank to pay the beneficiary directly or... View More
my father had Medicaid for approximately four months and passed. The estate recovery is seeking anything since the beginning of treatment. He did not have any major assets besides little money in his account and two old vehicles they are requiring that one of his children pay this back can you... View More
answered on Jan 18, 2025
Generally speaking, medicaid estate recovery in Ohio seeks reimbursement for all expenses paid on a person's behalf from the time they turn 55 and older. There can be exceptions depending on timing, jurisdiction, etc. Estate recovery is a tricky thing to tackle by yourself. It may be... View More
answered on Oct 11, 2024
First your mother will have to get the house in her name alone. Depending on the wording of the deed, that may require probate or an affidavit. Then your mother can do her estate planning. A will does not avoid probate, but there are other ways. A trust avoids probate. She should schedule a... View More
My grandmother died in July and her assets were in a trust. I believe that my father, who died three years ago, is a beneficiary of the trust and I would be a successor beneficiary and may be entitled to his share.
The problem is that, despite multiple requests, the trustee has not provided... View More
answered on Sep 30, 2024
Beneficiaries are entitled to a copy of the trust instrument, among other things, under Ohio law. If you are having a difficult time with the trustee, then you need to be proactive. This is a common story and the longer you wait the more likely you are to end up with nothing. I recommend getting an... View More
My mother recently died in Lawrence County Ohio. She has 2 children, myself, a 44 year old Kentucky resident, and my sister, a 49 year old West Virginia resident. Her estate only consists of a 2009 Honda Civic, no other assets, no owed debts. What is our best course of action since neither of us... View More
answered on Sep 24, 2024
It sounds like the estate may qualify for a simplified proceeding to handle the vehicle. Unfortunately, a Court process is still involved. Depending on what estate documents are in place you may need to retain local counsel to handle the matter for you.
I recommend setting up a... View More
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answered on Jun 6, 2024
Any asset acquired prior to marriage, unless comingled with marital assets, is non-marital. It should not need additional protection. Exceptions to this can include certain property used by both parties, like a house, that was appreciated in value following the marriage. In general, though,... View More
Dad was diagnosed a few weeks ago and can no longer drive, manage his finances or cook for himself, per the evaluation. The forward prognosis is difficulty dressing, bathing and feeding within a year. I am a licensed CPA and need to confirm what I can and should not do. I have durable POA and it... View More
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answered on Jun 3, 2024
Do you need to as a matter of law? No. Will every nursing home, health care provider, and bank give you a hard time about the POAs and make you jump through a million hoops that you wouldn't have to do if you had guardianship? Absolutely yes.
We moved into their house 2 weeks before his dad died. My husband's brother, David, is executor of estate and power of attorney for my mother-in-law. Per my husband, a verbal agreement was made that when my mother-in-law passed, her house would be sold and we would receive a larger portion for... View More
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answered on Jun 2, 2024
I'm sorry to hear about the difficult situation you’re facing. Given the verbal agreement and the substantial care your husband provided for his mother, it’s understandable that you feel entitled to a larger portion of the estate. However, verbal agreements can be challenging to enforce... View More
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
I have had 2 OH lawyers say that an OH lawyer has to create my Trust since I reside in OH, but I own several rental properties and a second home in TN. The TN lawyer said he absolutely can create my trust.
Does one state trump the other or is it a free for all?
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answered on Apr 23, 2024
Both Ohio and Tennessee are part of the Uniform Trust Code. That means that a trust in either state will be enforceable in the other, so it doesn't really matter who drafts. There may be other planning reasons to stick with an Ohio lawyer, but it's not this one.
I have had 2 OH lawyers say that an OH lawyer has to create my Trust since I reside in OH, but I own several rental properties and a second home in TN. The TN lawyer said he absolutely can create my trust.
Does one state trump the other or is it a free for all?
answered on Apr 22, 2024
You can probably use an attorney in either state. I would defer to your state of residency, though, since other assets could end up in the trust. Further, you may want a will that addresses your trust and the TN lawyer cannot draft a will for an OH resident. Location of the successor trustee(s) and... 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
We live together in Ohio and have one minor child and are not married and never were. My ex refuses to leave and also will not pay the mortgage (his agreed half of the bills when we bought the home).
How can I get my EX name off the property since I have been the only one paying the... View More
answered on Mar 25, 2024
What you want to do is not impossible. It is however highly improbable. What you will need to do as file and action called partition period you should seek out attorney who regularly practices real estate law in your county. It would be better still if that attorney practices family law. You only... View More
My grandfather passed in 2017, I was 17 years old. I know that I am a beneficiary to a trust, as is my brother, but I was never given any information on the value or really how it works at all. Now, as a 24 year old, I still have not gained that knowledge. My mother avoids discussing it and... View More
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answered on Mar 4, 2024
Any beneficiary of a trust with a fully vested interest may seek a copy of the trust document and an accounting of the trust from the trustee at any time. If the Trustee refuses, the beneficiary may bring an action for an accounting against them. This is the beneficiary's remedy if the the... View More
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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