Get free answers to your Estate Planning legal questions from lawyers in your area.
My father wrote in a letter that the property stays in the family's name my brother is trying to put it in his girlfriend's
answered on Nov 9, 2019
Nobody can retitle the property without your father’s signature. If your brother has a power of attorney from your father then your brother had a fiduciary duty to honor your father’s wishes.
If your father is deceased and he had no will then it passes according to the laws of... View More
Five siblings, two want to fight. Not much equity in estate, just bills. No liquid assets. Values questionable of assets.
answered on Nov 6, 2019
Who filed the will? You are not obligated to serve as as administrator of the estate. If you do not want to do that, then sign the waiver. There is no charge for that. Let one of the siblings deal with it. If you have questions about the probate process, use the Find a Lawyer tab to consult a... View More
answered on Nov 5, 2019
There are several questions that need to be asked.
How much money is in that account?
Did she have any other property?
Did your grandma have a will?
If not her inheritance would be governed by the Ohio laws of intestate succession.
So the next question would... View More
I was just nominated guardian of an estate for my grandparent. Only one is living. I'm not truly sure what all this means. What are my complete duties and how long does this last? Limits?
Some of my family say they are going to start transferring and selling his things/home with or... View More
answered on Oct 17, 2019
NOBODY has the authority to sell someone ELSE's things without a power of attorney from the owner or, as you have, appointment as guardian. You now have the authority to prevent other people from selling your grandparent's things. If they do it anyway, they are guilty of theft and... View More
answered on Sep 23, 2019
The executor of her estate is responsible to fulfill the responsibilities of the deceased landlord. Contact the attorney for the probate estate with your questions.
Death wages... what is that?
answered on Sep 20, 2019
They probably mean wages that were earned as of his date of death but not yet paid. He must have been paid via direct deposit.
My uncle had a will he did 10 years ago, my dad who was still alive then was listed in the will. My uncle passed away recently and now his siblings want my brother and I to sign our rights away . Do we have any right to inherit from the will since we are next of kin from my father , his brother.
answered on Sep 19, 2019
Whether you have a right of inheritance is impossible to say without reviewing your uncle's will, but your relations apparently think you do or they wouldn't be asking you to waive them. If you have a right of inheritance, there is no law that compels you to waive it. Don't sign... View More
My father's sister-in-law has died leaving behind property without a will that was transferred over to her after his brother (our uncle) died. My aunt has no surviving spouse, grandparents, parents, siblings, or children . My father has no surviving siblings. In this case, do nieces and... View More
He retired from the state of Ohio. He named me the beneficiary ( his daughter). What are my rights with this. I have a brother I would split it with. Does she get all of it. Do we have any say at all with this. I know he wanted us to have this.He left her a 401K , all for his other assets , 2... View More
answered on Sep 11, 2019
You will have to consult with a local probate attorney who can review all the facts, gather any information and documents, and then advise you. You might have to file to administer the estate, unless his wife or someone else does. Whether you or anyone but his wife receives anything, will depend... View More
She says everything was left to her and never let us see the will. We (his adult children) were in his will at one point, but not sure if it was changed once they got married or once he got sick. Is there anything we can do?
answered on Sep 10, 2019
Yes, you can hire a probate attorney to help you probate your dad's estate. That will smoke out the will. No matter how many you ask this question the answer wil be the same. Obviously simply asking for a copy has not worked, and why bother suing her for a copy when you can send your legal... View More
My 20 year old sister was living with him and fully supported by him. Wife kicked her out as soon as he died. He did have a will but wife said everything was left to her.
answered on Sep 10, 2019
One option would be to hire an attorney to open a probate by intestate succession and have you named as the personal representative. Under the laws of intestate succession in most states, the children get half of the estate absent a will. The wife will be served with the papers and that will... View More
answered on Aug 30, 2019
Cost depends on how simple or complex a person's situation is, what their goals are, the size of their estate, and what documents they need prepared, which can include a will, different kinds of trusts, health care and financial powers of attorney, living will, medicaid planning, etc. Costs... View More
answered on Aug 27, 2019
Use the Find a Lawyer tab to locate a local estate planning or elder law attorney who can review your financial situation and goals, and prepare documents, which include a will, health care power of attorney, living will, and a financial power of attorney. It could also include a trust to address... View More
My brothers wife has threaten to have me arrested if I go to my moms house
answered on Aug 26, 2019
Check with the local probate court where your mother was living to determine if her estate has been opened by filing with the court and whether the ownership of the house must be transferred by the probate court to the siblings, or if it transferred by survivorship deed or transfer on death deed or... View More
I am not able to pay the mortgage due to waiting for opers benefits and for his family's attorney to get everything put into my name. i need to know what i can do before our house is taken from us. Was planning on paying off mortgage once i received his opers benefits.
answered on Aug 22, 2019
That depends, there are a few ways to delay foreclosure and hold the bank off depending on where you are in the process. It would be difficult to answer without more information.
my grandma has dimentia. and needs care throughout the day, cooking, cleaning, bathing. etc. Somoene told me the state will pay me to take care of her, but then someone also said when she passes away, they will take all of that money that they paid me out of her estate. I was just... View More
answered on Aug 20, 2019
If she has her own assets, such as a house, then the state can go after those assets as reimbursement for funds they paid out to you. However, some exceptions apply.
We live in Ohio and I’m not sure if I need to make a will and leave my half of these things to her, or if the intestate laws will guarantee she gets full possession of the house and car? I don’t want my family trying to claim half of these items if something happens to me.
answered on Aug 20, 2019
If you own an asset together and the title contains the words " joint owners, with rights of survivorship" then the asset would pass to the other person automatically upon the first to die.
Otherwise, you need a will that names your girl friend.
She is willing handing it over I just need a document that states I can handle her estate but I don't know where to get that
answered on Aug 17, 2019
Hire a local probate attorney to help you petition the court to be appointed executor of her estate.
answered on Aug 8, 2019
It's like asking how much a new car costs. It depends on whether you are getting small, basic transportation, or want something bigger, more elaborate, with a lot of options. A "simple" will might be a few hundred. A "simple" trust the same. At a meeting with an... View More
My dad died in 97. Mom kept everything in his name and died in 2013. She intended the house to go to me but died. No will. I've been paying the bills and have lived here all my life. Now the water company suddenly says either I get the house in my name and the water bill as well or they will... View More
answered on Jun 14, 2019
The city ordinances might allow the city to shut off the water and order you out. You do not have legal title to the house, and are not a tenant under a lease, so you have no legal right to live there, so the city cannot transfer the bill to your name. There will have to be probate court filings... View More
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