Get free answers to your Estate Planning legal questions from lawyers in your area.
She passed away suddenly and I have the paperwork printed out, but need to know the easiest route to close her bank account, and switch the title to her truck into my name.
answered on Mar 3, 2021
I am sorry for your loss. If your mother's name was the only one on the bank account and the truck, you will need to open a probate estate. There are 3 different sizes of estates, based on the value of the probate assets. You should check the website of the probate court of the county where... View More 
answered on Feb 27, 2021
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.
Over his estate does the mean she becomes the beneficiary or am I entitled to it
answered on Feb 23, 2021
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... View 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.... View More
answered on Feb 22, 2021
If there was a will, then it goes to those persons named in the will.
Otherwise, it would go the children, equally (if there is no living spouse.)
Either way, nothing can be done to the house until someone goes to court and is appointed as the Executor (or Administrator, if there is... View 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... View More
answered on Feb 21, 2021
If the deed was held as "joint owners with rights of survivorship" then only one probate is needed. Otherwise, two probates are needed.
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... View More
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answered on Feb 16, 2021
If your mom is not a guarantor or co-signer then she has no liability to the landlord and should not pay anything.
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
answered on Feb 16, 2021
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... View More
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answered on Feb 16, 2021
The bank beneficiary designation will govern and that money will not go through probate.
They havent been together for years and i was juss wondering what i do about the account he put in his will that i get 100% of his belongings juss wanna kno wat i have to do
answered on Feb 15, 2021
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... View More
Brother wants to move into parents house before the estate sale happens. Is that allowed?
answered on Feb 8, 2021
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... View More
answered on Feb 4, 2021
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... View 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... View More
answered on Jan 25, 2021
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... View 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... View More
answered on Jan 25, 2021
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... View More
my brother is unexpectedly passed. he gave me directives for his medical and where and who his money goes to. be we need to fill out guardianship form and i cant find them, there is no will
answered on Jan 25, 2021
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.... View 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
answered on Jan 23, 2021
According to recent Ohio case law, a creditor must deliver their claim to the estate's representative within 6 months of date of death. The cancer treatment center's claim should be denied.
My father had no estate. He owned nothing. He owes 7000 on his van. I can't let it go. It's all I have of his. How do I get to keep his van? What can I do?
answered on Jan 22, 2021
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.
answered on Jan 22, 2021
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... View 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... View 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... View More
answered on Dec 26, 2020
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... View 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... View More
answered on Dec 22, 2020
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... View More
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