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My cousin died without a will, she has no surviving parents or siblings spouse or children. Her estate is roughly $16,000 cash. She does have an uncle and roughly 30 cousins from her mom's and her dad's sides of the family. Does both sides inherit part of the $16,000? My cousin's... View More 
answered on Feb 14, 2018
Somebody will have to file with the probate court to open her estate and be appointed administrator. Her assets would be distributed to next of kin according to Ohio law of descent and ditribution - which would include uncles, cousins, etc. Use the Find a Lawyer tab to consult a local probate... View More
My father is in hospice and has signed to designate me with POA. He has few assets, is enrolled in Medicaid, and what little income he has is going to the nursing home. On top of that, he has significant medical bills from the past year that are not covered (he does not have the money to pay),... View More
answered on Feb 12, 2018
His POA will terminate at his death. Check with BMV about changing title to car now or transfer on death. His estate will be liable for his debts. If his estate is insolvent, then the creditors won't be paid.
We have a child together but he had a will. No one is using the will as the situation has changed since then. But, b/c he lived with his mother & on the will he had named her to take care of his property in the event of his death, she is now claiming Everything he owns is hers because it is in... View More
answered on Feb 12, 2018
Since you were divorced from him, you have no inheritance rights unless you are named in his will. His wife, mother, or child will have to open a probate case. If there is a will, it must be presented to the probate court. The court will appoint an executor, and the executor must follow the will... View More
answered on Jan 31, 2018
Other family members would have to get involved and take action in court to terminate the POA and appoint a guardian for her.
My grandma had 2 children my dad and my aunt who took over grandma house. What are my rights my dad just passed away.
answered on Jan 29, 2018
Use the Find a Lawyer tab to retain a local probate attorney to review the situation and advise you if you have any claim to the house or estates of your father or grandmother.
answered on Jan 25, 2018
It depends on what the terms of the lease say about auto renewal and notice that is required. There is no requirement for notice other than what a lease might state. If the lease expires, then the landlord can evict for non-payment of the new higher rent amount. Use the Find a Lawyer tab and... View More
How can I create a living will in Cincinnati,ohio? I am a 26 year old woman with one child. I want to nominate a family member as legal guardian of my child and give my family member any assets and any money from a life insurance policy.
answered on Jan 24, 2018
A Living Will deals with instructions for medical care in certain terminal conditions. It only deals with medical issues. A Last Will and Testament deals with distribution of a person's property, nomination of an executor and guardian for children, etc. A trust can be established and funded... View More
Is her spouse, not my dad (she had no other children), entitled to anything in OH, too? He automatically received their house, vehicles, everything in the house, etc.
If so, is it something I can get an attorney to argue against? I thought wills were honored first.
Thank you for any advice.
answered on Jan 22, 2018
A person's assets can pass outside of a will, automatically, e.g. joint ownership of a house, car, bank account, etc. Those are not part of the estate, so the will does not control items that are transferred by such joint or transfer on death instructions. Use the Find a Lawyer tab to retain... View More
My grandmother never took my dad out of her Will after he passed. When she passes will my uncle get everything or will my siblings and I get a share? My dad never did have a Will. His name is still on the land deeds also.
answered on Jan 22, 2018
It totally depends upon how his mother's will is written, and whether or not your father had a will, was married when the died, etc. Her property could be divided only among her living children, or her will could specify that if any of her children are deceased, the descendants of that... View More
The medical bills were in his name. He and I had separate health insurance companies.
He applied for the credit card, it was in his name only, and all the charges were made by him.
answered on Jan 17, 2018
Those debts are the responsibility of his estate to pay. You are not personally responsible to pay them. But creditors still might pester you for payment. If so, use the Find a Lawyer tab to contact a creditors rights attorney.
I was the only one who took care of her for 15yrs my brother did nothing I took care of her not asking for a dime.
answered on Jan 15, 2018
A POA terminates with the death of the person who granted it. Any use of a POA after that, would be wrongful or fraudulent. If your brother's name was on her bank account, then he might have been able to legally withdraw funds. Use the Find a Lawyer tab to consult a local probate attorney... View More
I thought when you open up estate account its for house bills
answered on Jan 12, 2018
Your question is unclear, but I will take a stab at this. The estate account is to pay bills necessary to manage and preserve assets for the ESTATE. Unless the deceased person is going to be watching a lot of cable TV, that is not an 'estate' bill, and shouldn't be paid past the date... View More
answered on Jan 12, 2018
Not to be too pithy about it but ... no.
If they are trying to you need to consult with your own attorney YESTERDAY.
My cousin added me to her bank account a few months before she died. She died Nov. 18th. I was told by someone I could take funds out. But now the bank is calling me about it.
answered on Jan 12, 2018
If the funds were not yours, there is likely to be an argument from the estate that you were not authorized to withdraw them until her estate was settled. You should sit down with a lawyer and go over the paperwork.
My mom says she wants to list both of us as POD on accounts but my sister threatens to not take care of her if she does that. My mom and sister live in Florida and I live in Ohio and have a job, so I can’t be there for her all the time. Do I have any legal rights if something happens to my mom?
answered on Jan 8, 2018
Your mother is free to make her own decisions as long as she is mentally competent. If someone exerts undue influence on another person, or coerces them, then another family member could make a claim about that. Use the Find a Lawyer tab and consult a FL attorney.
answered on Dec 28, 2017
If someone opens his estate in the probate court, then the court will decide who is a proper heir according to OH law. Any alleged child would have to prove paternity. If his personal property doesn't amount to much, and he has no real estate or other assets to distribute, then there might... View More
An illegal will was made by s-i-l after their mom had a stroke.
answered on Dec 22, 2017
If the vehicle is titled in the name of the deceased, then the probate court would have to approve the transfer of the vehicle once the estate is filed with the probate court.
So what happens now with the will if there is no lawyer anymore
answered on Dec 20, 2017
Use the Find a Lawyer tab and contact another local estate planning or probate attorney to help you and file it with the probate court.
answered on Dec 20, 2017
Use the Find a Lawyer tab and consult another local estate planning or probate attorney who can review the situation and assist you. It does not have to be the same lawyer who prepared the will.
answered on Dec 20, 2017
Most anything can be contested. It would require the court to review evidence that the person who granted a life estate was not mentally competent, or was coerced, or was under undue influence at the time of the grant. Use the Find a Lawyer tab and consult a local estate planning attorney.
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