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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... View More 
answered on Sep 2, 2020
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... View 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... View More
answered on Sep 2, 2020
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... View 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.
answered on Aug 27, 2020
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... View 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.
answered on Aug 27, 2020
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
answered on Aug 18, 2020
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... View 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... View More
answered on Aug 17, 2020
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... View More
answered on Aug 14, 2020
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... View 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?
answered on Aug 13, 2020
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.
answered on Aug 8, 2020
You and he can do an affidavit to transfer title upon his death, then it will be automatic.
do that
answered on Aug 6, 2020
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... View 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... View More
answered on Aug 3, 2020
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... View 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?
answered on Jul 27, 2020
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.
answered on Jul 27, 2020
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:... View More
What type of lawyer do we hire?
answered on Jul 22, 2020
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... View 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.
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answered on Jul 17, 2020
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... View More
One of my siblings had been living there rent-free and is not actively trying to vacate the home. What are my options
answered on Jul 14, 2020
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... View More
answered on Jul 13, 2020
If she had a beneficiary designation named on the pension, it would go to that person.
Otherwise, it would go to the person named in her will. If she had no will, it would go to her descendants. If she has none, then it goes to her parents (or grandparents.)
If she had no living... View More
And the other 5 split the other half. It was notarized in a bank with 2 of her adult children witnessing. Is the paper legal or could I fight for 1/6 like the will says.
I live in Ohio and they live in California. Its for a non-profit and non-charitable, if thats a thing, foundation. It's to make changes, not money, for what people like her went through ex: wheel chair measurements and kidney failure sense birth
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answered on Jul 2, 2020
No. You do not need their permission. A person's name cannot be copyrighted or trademarked.
Your husband dies and in his will he left all the money in your shared savings account to his kids from a previous marriage. The savings account has all the money you need to live off of. Can the kids legally take all that money from you even tho that’s your money you have been saving? There is... View More
answered on Jun 25, 2020
It is very settled law in Ohio that joint bank account passes to the surviving joint owner in the event of the death of the other co-owner. The account does not pass through probate and is not controlled by the terms of the will.
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