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My mom is trying to create an irrevocable trust to protect her assets. Upon her passing it would be split between my sibling and myself. The firm she is using has my sibling as the "Settlor" and the 2 of us as "Trustees" . I'm concerned as the way the document is written... View More 
answered on Oct 4, 2018
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... View More
My one brother died little estate 40 000 and no will. No contact in over 10 ye8
answered on Sep 27, 2018
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.
can they quit deed the home to another family member without probate court? the home may be going into foreclosure soon also.
answered on Sep 14, 2018
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.
This is an anomalous situation which has been a burden in the wake of an already tragic situation. Last year on July 9th, my wife's sister passed away at the age of 19. She was my wife's roommate at the time. After her death, my now wife and I moved into an apartment in the same complex a... View More
answered on Sep 13, 2018
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.
Now my sister's are trying to get me out of the house it's been 8 months since her death and I am not sure what to do everything as far as utilities are in my she brought by a letter saying it was mom's Will and I am not in her Will what do I do the paper she said was mom's Will... View More
answered on Sep 7, 2018
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.
Is there a power of attorney he can do?
answered on Aug 28, 2018
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.
settlement was for the nursing home not following my sisters instructions she says money is hers but why do all siblings have to sign off on it does this check have to go to probate and is it part of the estate there was nothing in estate after mothers death
answered on Aug 27, 2018
It depends on to whom the nursing home writes the check. If to the estate, then a probate estate must be opened. In whose name was the claim made? If your sister made a claim in her own name, then the settlement might be to her, not the estate.
Has been bad blood between us for many years. We were there week before he passed & dad was brought to st louis for burial where I live. Dad has will & trust. When asked brother for info he lost his composure & got furious in text. & have heard nothing. I have yet to receive it.... View More
answered on Aug 17, 2018
You need an attorney to determine the status of any probate case and advise you. If a probate case has not been opened, then you could open it. Use the Find a Lawyer tab to retain a probate attorney in the county in which your father was living.
Will. What legal recourse does she have? My stepfather is very sick and she’s trying to get things in order.
answered on Aug 7, 2018
She needs to talk to an experienced estate planning or probate lawyer. Your step-father's will is not important until he dies. But if your mother was appointed his attorney-in-fact (agent) in his Durable Power of Attorney, then she has the authority to act on his behalf. If it's not a... View More
He has bank accounts and a car
answered on Aug 7, 2018
Without a will, his assets will pass to his heirs according to Ohio law. If he was married, then wife and kids will share. If not married, then the kids will share equally, and the share to the two minors would go to a parent of guardian for the benefit of the minor. A family member will have to... View More
answered on Aug 4, 2018
You would need to file for a full probate using the original will.
answered on Aug 3, 2018
For what? A normal undergraduate degree is 4 years. Not really a legal question though...
answered on Jul 20, 2018
Anyone who claims to have an interest in the estate can file, and the probate court will determine if the claim is valid. Use the Find a Lawyer tab to retain a local probate attorney to review the facts and advise you, because will contests can be expensive, and not often successful.
However no will and my name is not on title. Please advise what I have to do?
answered on Jul 17, 2018
You must open a probate case in the county where he was living. The court will then authorize the transfer of the home as part of the probate process. Use the Find a Lawyer tab to retain a local probate attorney to assist you.
My aunt's will was unsigned; however, she wanted a trust established for her granddaughter using a portion of the money from the 401K. Can this be done?
answered on Jun 26, 2018
If you are the beneficiary and receive the funds, then you can set up a trust for the granddaughter and deposit the 401K funds into the trust.
to withdraw all the $ and place into a diff account or just what is needed?
answered on Jun 5, 2018
Just what is needed. Every dollar you withdraw is taxable income.
have to follow the deceased individuals desires in the "unsigned" will?
Is it safe to establish a trust for a minor whose been involved with children services due to the parents neglect?
answered on May 29, 2018
A beneficiary named on a policy overrides what it says in the will as to that asset.
I lived there. He had no will no-one wants to do the probate is there anything I can do to get house in my name should I pay the taxes
answered on May 25, 2018
If someone dies without a will, then this is what is known as dying "intestate." In that case, his closest next of kin will inherit his property. In general, the order is, wife and kids, then grandkids or more remote descendants. After that, is his parent(s) if living, then his siblings... View More
Need to change the deed and if we do what happens if there are liens? None yet but there is a bill from the nursing home for about 100 k
answered on May 16, 2018
Depending on how the deed was drafted, you might have to go through probate court. But the nursing home can assert a claim against the estate, and perhaps Medicaid. Creditors have 6 months to file claims against the estate. Other liens will be recorded in the county records. You need to use the... View More
Mother died, said all of her estate would be split equally between my brother and I. He has given me part of inheritance but refuses to give me a simplified report of any kind of what was in the trust and I don't think that I have received my proper portion. Do I need to file a claim thru... View More
answered on May 14, 2018
If the trust was established in Ohio, then you are entitled to a copy of the trust and a full accounting.
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