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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

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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

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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

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

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.

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

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

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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

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.

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

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

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

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

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

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

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

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

If you don't sign the waiver of notice, then the applicant must send you formal service of process to notify you of the application to administer the estate. You will get a hearing date and have the opportunity to voice your concerns to the judge.

All in all, it sounds like you may... View More

Along with executing the new POA that specifically revokes the prior POA, anyone who received the prior POA should be notified that the prior POA is revoked, and provide a copy of the new POA. Until someone is notified that the prior POA has been revoked, they will have no way to know there is a... View More

I'm not aware of any reason why you couldn't receive your inheritance in kind; assuming the estate is solvent. If the executor won't work with you in a reasonable manner, then you probably need your own attorney.