My sister was named executor over the will. I was wondering if the joint bank accounts my mother and I had Together would have to go through the probate or would be considered part of the will.
My mother always helped her sister out with finances and my sister is trying to take out that... Read more »
If the account was "Joint with Rights of Survivorship" as most "joint" accounts are, the account goes directly to you. It does not go through probate and therefore is not controlled by the Will. All you need to do is take an original death certificate and a photo ID to a bank... Read more »
My father passed away a week ago. He didn't have a will or anybody appointed to take care of his estate. He had no life insurance either. It's just my sister and I and we are on the same page with everything. Just wondering about next steps legally for his estate. He had a little credit... Read more »
We would first need to know more information.
1) How large is his estate?
2) Do either of you live in Ohio?
My half siblings are splitting the money between them and not giving me anything. Can I sue for my half? What kind of lawyer do I get?
It depends on what the will says. Usually, there is a provision saying that if someone predeceases the decedent, that their share goes to their children evenly. That's the default rule anyway in Ohio if the will is silent on that. If either of those are true then you should be sharing evenly... Read more »
Moved in. (No one was there before.) The bill was near $300 for electric. After weeks of trying to get the landlord to fix it, and the electric company out. He is telling me that I owe the difference. Though it was not my fault. Is this legal?
If your lease requires you to pay the electric that you use, then you are obligated to pay whatever the proper billing for your usage works out to be, regardless of the mix up. If you don't pay, landlord can subtract from your deposit, sue you for any additional amount, or file to evict you.
building wont let me in his apartment. He was divorced, I'm his only child. I have paid for his cremation, even have a letter from the funeral home stating this. I am only in the state for a few days. How am I able to get access to his place so I can get any documents ,pictures and his... Read more »
Only an executor or administrator appointed by the probate court would have legal authority to enter the apartment. The manager would have to let that person in, but nobody else. Use the Find a Lawyer tab to retain a local probate attorney to review the situation and advise you before the manager... Read more »
My mom has been in and out of nursing homes and been paralyzed with a stroke and can not speak or understand, just this week I had to put her into hospice and she has gerber life insurance that I have been paying for her incase if something happens, The nursing home has tried the POA thing and told... Read more »
If your mother is not mentally competent, she will not be able to sign any POA. From your description, I believe this is the case. If she is in Hospice, my sympathies, I would continue to pay the premiums on the policy. When she passes, you will be able to make a claim on the policy by providing... Read more »
My dad is currently sedated and on a ventilator and unable to speak or communicate in any way. My mom is his current POA, however, I am wondering what you suggest for me to be able to legally be able to work alongside my mom to help her with his small business, rental properties, etc.
You can always work along side your mother to help her, if she wants your help. But she is the only one with legal authority, so if she doesn't want your help, there will be nothing you can do except, if you think she is not competent to handle his affairs, you could file an application for... Read more »
My dad is currently in the hospital and my mom is his POA, I was wondering if she is allowed to request a co-agent such as myself to help her with his estate? I was not sure if she is legally allowed to appoint someone to help her without his verbal consent as he is not able to talk.
She cannot appoint someone. You can assist her, but she remains legally responsible under the POA. He can also appoint you by a POA, if he is mentally competent to execute a new POA, even if he can't speak.
She lived there with him for 5 years and I still receive mail there and he’s denying access
It depends on who owns it. If she owned it, file to open her estate, and the person appointed executor or administrator can take action. If she was a tenant, talk to the landlord or the executor or administrator can talk to landlord or take action. If boyfriend owns it or is the tenant, then you... Read more »
My close friend is currently in jail and would like to give me power of attorney. Currently, his family has his money, bank account information, social security card, as well as other important legal documents. He does not trust his family to have his best interest due to them being the ones that... Read more »
As power of attorney you would be able to look out for the inmates financial interest and do the same as he would. There are laws against using his assets for self interest and that should be avoided.
The problem is that my father gave my step mother ( they were married for a year and he committed suicide) the right to reside in the house until she dies, remarries or moves out. She is responsible per the trust for taxes and homeowners insurance but not upkeep or maintenance. However there is... Read more »
You don't have to pay. But if maintenance is not done, then the house will fall into disrepair. As beneficiary, you could go to court to force the trustee to maintain the property. The trustee could take out a loan on the house to pay for it. Use the Find a Lawyer tab to retain a local... Read more »
The plaintiffs documents are false and I do not really want to use them but I don’t want add those to my answer. I haven’t referred to them at all in my answer but I want to add an original will, do I add it to my own as exhibit a or do I add it onto the plaintiffs as exhibit E?
Hi there, your question is a bit too complex to ask over this medium. A good probate attorney should be able to point you in the right direction.
I just want to make sure that when the time comes i dont run into any problems or delays. Both he and I want to make sure we have any paperwork needed in place to avoid issues.
You and he can do an affidavit to transfer title upon his death, then it will be automatic.
do that
Legally, she is not entitled to any of his property, unless he had a will that left things to her. But -- unless immediate action is taken by family members of the deceased in such a situation, someone with access to the deceased's property can often take it. Once it's gone, it can be... Read more »
My brother lied to us about what's in my aunt will, but it didn't require probate.
My aunt passed Nov. 2019. My brother is the executor & mad at me. I need to know when he has to be done. She left me 10k, jewelry, books, etc.
I ordered a copy of the will. Its public... Read more »
Don't rely on what your brother tells you. If he did not file and open her estate with the probate court, then the court has not appointed him or anyone else to be the executor. A will merely nominates a person to be executor, but the court must act to appoint the executor. So your brother... Read more »
All so where would I go to find a listing of the best Trust Layers in Cincinnati Loveland or Clermont County, Ohio regardless of the Pro Bono status.
Also who makes up this list?
There is no official list for that. You could call the Cincinnati Bar Association and ask them for a recommendation.
I’m bouta turn 17 and want to get my own apartment but I’m on probation..would this be possible at all?? I can show that I can financially take care of myself.
Ohio does not allow emancipation for your situation. A landlord is unlikely to rent to a minor, since the lease would be unenforceable against you. More information at this link:... Read more »
What type of lawyer do we hire?
Wills are individual, not joint. In the modern medical and tax world, simple Wills are not nearly enough. You should meet with an attorney who specializes in Wills, Trusts and Estate Planning. You can find a list of Certified Specialists on the Ohio State Bar Association website. Some attorneys... Read more »
My mother had a whole life insurance policy on my step father and my mother passed away can another person besides the insured change ownership of the policy that is not related to her? Before my mother passed away I was named as her executor.
The insured cannot change the ownership of the policy; only the owner can do that. But the owner has died, so now this is an asset that needs to be probated. The life insurance policy that your mother owned on the life of another is now an asset of her estate and needs to be distributed according... Read more »
One of my siblings had been living there rent-free and is not actively trying to vacate the home. What are my options
If you have opened the estate with the probate court, and if you have a letter of authority issued by the probate court appointing you as executor, then you have the legal right to require the sibling to pay rent. Or you can evict the sibling and otherwise deal with the property as provided in... Read more »
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