Joseph Jaap's answer A person acting as agent under POA has a fiduciary duty to act in the best interest of the person who granted the POA, and not to their own personal advantage or disadvantage of others. The same for an executor of a will. An action can be filed in probate court to hold the agent or executor accountable. Use the Find a Lawyer tab to retain a local probate attorney to review all the facts and advise of your options.
Joseph Jaap's answer Father in law should meet with an estate planning attorney to review all the facts of the situation. The attorney can discuss various options of how to accomplish what he wants to do. It could be as simple as executing an affidavit, but he should also have a will, a living will, and financial and health care powers of attorney. Use the Find a Lawyer tab to find a local estate planning attorney to meet with him.
Joseph Jaap's answer If a report of possible financial wrongdoing was made, then they are obligated by law to investigate and confirm that the money has been used for your grandmother. Depending on how much money has been paid to you, or how much has been spent, they could take action. Use the Find a Lawyer tab and retain a local attorney who deals with elder law issues.
Joseph Jaap's answer A divorce terminates a spouse's inheritance rights. The will is still valid, but the spouse is assumed to have already died, so nothing would go to the spouse. But it is prudent to consult with an estate planning attorney to review the divorce documents and will, and advise you about making a new will since there have been significant federal estate tax changes.
Joseph Jaap's answer That could be a problem if any beneficiary objects. If the other trustee approves, that might help reduce any potential beneficiary concerns. Note that an estate does not have trustees, it has executors or administrators. A trust has trustees. Your wife should use the Find a Lawyer tab to retain a local probate and estate attorney to advise her about her responsibilities and liabilities as a trustee.
Joseph Jaap's answer The accounts are assets of their estates, and will pass either as directed in their wills, or according to Ohio law to their children. Depending on the amount of money in the accounts, you might be able to file a simplified probate for each of your parents' estates. Ohio law provides a fee for the executor to be paid from the proceeds of the estate. Use the Find a Lawyer tab to consult an attorney in the county in which your parents were living, to review the facts and circumstances and...
Joseph Jaap's answer An executor or administrator of an estate is obligated to file the required information with the probate court as required by law, but not necessarily to keep anyone else informed. All of those filings are public records, and most are accessible on line on the court’s web site.
Family members, heirs, and beneficiaries have the right to file a request for a hearing with the court if any think the executor or administrator is not doing what is required by law or is acting improperly....
Joseph Jaap's answer Yes, she can get you out, but she has to follow a proper eviction process to do it. But if she files an eviction, that becomes a permanent public record, and it could make it difficult for you to rent from a landlord who checks. So better to work it out with her and avoid her filing that.
Beverly A Stull's answer It really depends on the family. Some need to start right away because they need plates for the car, want to sell the house, or need access to bank accounts. But there are reasons to wait as well. A probate attorney can advise.
Joseph Jaap's answer Very few estates are large enough to have federal tax obligation, and Ohio abolished estate taxes. But a final income tax return must be filed for the deceased. Use the Find a Lawyer tab to retain a local estate planning attorney to review the facts of the situation and advise you.
Joseph Jaap's answer Each can file an affidavit to direct the transfer of his interest in the farm. But each should have an attorney prepare the affidavit and review all the facts and circumstances, and their goals, to determined if that is the best approach. There can be Medicaid and other issues involved. Use the Find a Lawyer tab and retain a local estate planning attorney to review all the facts and advise, and prepare affidavits, wills, living wills, powers of attorney, and other documents that could be...
Joseph Jaap's answer He can revoke her POA by sending her written notice, and also notifying any banks or other businesses with whom he does business. He can then execute a new POA. Rather than a POA, it might also be done with joint ownership of his bank accounts. He really needs some advice on how to do it properly based on his situation. Use the Find a Lawyer tab to retain a local estate planning attorney familiar with elder law issues to help him. Call around to find one. It might cost him a few hundred...
Beverly A Stull's answer That is a question only the estate attorney can answer. Depending on the size of the estate and the steps remaining, it could be a short time or longer. Ask the attorney when the distribution is to be made.
Beverly A Stull's answer No. Your mother should be the Settlor. There is no need to hide money from Medicare; they were probably referring to Medicaid, which can look back 5 years to see if there were any transfers for less than Fair Market Value for the purpose of Medicaid eligibility. If your mother needs Medicaid within 5 years of funding the trust, you or your attorney would have to lie when they ask if there have been transfers. If Medicaid asks to see 5 years of records, they will question the transferred...
Joseph Jaap's answer Yes, he must be named and notified, if possible. An attorney can advise what to do if he cannot be located. Use the Find a Lawyer tab to retain a local probate attorney to assist you.
Joseph Jaap's answer There is no way to answer this question without reviewing the deed and all the facts. Use the Find a Lawyer tab to retain a local probate attorney who can review all the real estate records, facts and circumstances, and then advise of options to proceed.
Joseph Jaap's answer As your wife has discovered, dealing with the probate court requires knowing the probate process. She should retain a local probate attorney to review the situation, and advise her of her options to file.
Joseph Jaap's answer Use the Find a Lawyer tab to retain a local probate attorney to review any will, deed, and other property ownership, and whether a family member files your mother's estate with the probate court.
Joseph Jaap's answer She would have to be mentally competent to sign a power of attorney form. If so, then he should immediately contact a local attorney. If she is not, then it is too late for that, and her husband or you would have to apply to be her guardian.
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