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I received a letter from my Aunt's Estate asking me to approve her choice for Executor of her Will.
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answered on Jan 18, 2024
Receiving a letter asking for your approval of an executor in someone's will does not necessarily mean that you are a beneficiary in that will. The role of an executor is to carry out the wishes outlined in the deceased person's will and manage the estate affairs. Your approval might be... View More 
answered on Jan 11, 2024
It's difficult for an attorney answering this question to know what "very little" means. Assuming we are talking less than a couple $1000, the family could file for an administrative relief from probate / summary administration. If the assets are even less than 1000 the family may... View More
The will states any money in the bank or deposits on hold shall be divided.
answered on Dec 25, 2023
The issue here is whether the "executor on the bank account" is named as the beneficiary or a co-owner of the account. Bank accounts can have more than one owner and / or can be named in trust for (ITF) another individual, the beneficiary. If the executor also happens to be the co-owner... View More
The will states any money in the bank or deposits on hold shall be divided.
answered on Dec 18, 2023
"on the bank account" is a bit vague. If the person named as executor was a beneficiary or a joint owner of the account, then that money is theirs, it's not subject to probate or the will, and they don't have any obligation to share it. If the executor has a bank account titled... View More
My father in law passed away recently without a living will and my husband is next of kin, but his father was living with his niece at the time of death who will not contact us. We are trying to get his affairs in order and My husband was wondering if he was aloud to collect his fathers things from... View More
answered on Dec 13, 2023
Your husband will need to open an estate administration case in probate court to exercise his rights regarding his father's estate. His cousin (the father's niece) has a right to keep people out of her apartment. Thus the only way to force her to do anything will be to get an order... View More
My great grandfather passed away over 10 years ago without a will. Assuming the next of kin would get the property my grandmother never did anything with the deed. She never put the house in her name or anything and has been staying there ever since. The property tax has been “exempt” because... View More
answered on Nov 15, 2023
Please get a hold of a real estate litigator in your town. It sounds like you need more advice than this forum can provide. Your question does not contain facts that are crucial to analyzing this issue. Has there been an action filed against the property owners? How was the property titled?... View More
I'm trying to find out who my recently deceased ex-spouse left his house to. I am not aware whether he had a will or trust, and I do not know if I am named as a beneficiary.
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answered on Mar 7, 2025
Ohio law states that even if you are named as a beneficiary in a will from your spouse that if you divorce prior to their death that you do not inherit under the will. It is extremely unlikely that you would take any portion of their estate.
I've been diagnosed with stage 4 cancer and am currently unable to work. I own a tool company structured as an LLC, which has a franchise loan I'm unable to pay. My wife and I are managing to keep up with our house payments, which we intend to continue paying. My wife has disability... View More
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answered on Mar 5, 2025
You can't pick and choose creditor's in bankruptcy. That said, it is very common for people to go through bankruptcy, and then once the debt is discharged or adjusted to reaffirm their mortgage to avoid foreclosure.
My father and I are planning to file for a power of attorney for my minor brother, as he will be changing residency to live with me for educational and health reasons. We have not consulted with any legal professionals yet. Do we need multiple original copies of the power of attorney, or can I make... View More
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answered on Feb 27, 2025
A minor cannot execute a power of attorney. You may have to apply for guardianship in order to give yourself the authority you need to take care of him.
I received papers in the mail regarding my auntie's estate. She raised me and is the owner of the estate, with a life insurance policy on which I am listed. Does this imply that her estate should go to me when she passes away?
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answered on Feb 24, 2025
No. I recommend that you read the papers and see what they actually say. If could be that you are entitled to a portion, it could be that you are entitled to the life insurance. It could be that you are entitled to nothing.
I have a 54-year-old daughter who is homeless and facing mounting medical debt. She is non-compliant with her medical care and doesn't have any guardianship in place. We, her parents, have limited income and cannot afford further assistance. She is not eligible for disability through her... View More
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answered on Feb 15, 2025
I understand your deep concern about your daughter's situation and the potential financial implications for your family. This is clearly a challenging and emotionally difficult circumstance.
In Ohio, parents are not legally responsible for their adult children's medical debts. The... View More
It's just a general question. My children are beneficiaries of their father's trust. His girlfriend is the trustee. She is not moving forward with anything. Just want to understand if the trust protector should be aware or if they have to MAKE him aware.
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answered on Jan 15, 2025
As a general rule, Trust Protectors do NOT "monitor" trusts. If there is an issue, someone needs to alert the Trust Protector, at which time the Trust Protector can get involved.
Irs wont release . year 2022 return was llnal and wants me to give W 9 .i refused he got k-1 need final . Hamilton County probate said they will open so i can subpoena. My Dad cant 2 trustees . But his oldest son died o his wige is respnsible for his son. A minor i have ni l of kin.
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answered on Jan 12, 2025
I'm sorry you're dealing with these difficulties. Managing the responsibilities of executor and trustee can be overwhelming, especially when the IRS isn't cooperating. It's important to ensure that all your actions are in line with legal requirements to avoid any violations of... View More
My mother is elderly and our daily care is keeping her out of a nursing home and saving her estate money. Some difficult siblings may try to deduct the cost Mom paid for our garage renovation from my portion of our inheritance, which should be equally divided among the 6 of us. Can he (and the 2... View More
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answered on Jan 10, 2025
No. There must be some expression of intent from the decedent that they intended that a living expenditure be an advance on inheritance that could be deducted. Absent that, the siblings would have a very difficult time of reducing your inheritance portion.
My father died in 1990 and my mother in 2014. She had a small estate ~ $100,000 which was shared equally among 4 siblings in 2020. Among my mother's possessions was found a "certificate of live birth" for a baby boy, with the father not named. I began an extended search soon after... View More
answered on Dec 16, 2024
So there are a lot of factors here to consider, and this is not legal advice specific to your situation. You would have to retain an attorney to get that. Generally speaking, when someone is adopted they no longer stand to inherit anything from their biological parents.
They formed the trust to protect their business from creditors. We the children are dividing everything equally but running into trust issues and high trust taxes.
Our father and mother put their iras and annuity in the trust too if that makes a difference.
answered on Nov 29, 2024
Not to give you the typical attorney answer, but it depends. While there are quite often ways to accomplish what you ask, nobody can say with certainty one way or another until he or she sits down and performs a more detailed analysis of the Trust as well as the surrounding facts and... View More
My father passed away several years ago and left some money in his bank account which I never claimed. I understand the rest of the forms for the Summary Release from Administration, but this one leaves me baffled. It's like it's supposed to refer to some other documents. If you have any... View More
answered on Nov 26, 2024
You are not permitted to disclose confidential information, like full account numbers, on the probate forms. So the courts provide that form to allow you to show full account numbers and match them to the truncated ones you put on the forms; that form will not be scanned and posted on the... View More
My Grandma died. There are 3 daughters left behind. Some money and the car was left to a great grand child. The rest was left to the daughters. The money got transferred right to them, but the house wasn't set up that way I guess so they had to do some things to be able to sell it. I'm... View More
answered on Nov 5, 2024
If your mother does not agree, she should use the Find a Lawyer tab to consult a local attorney who handles probate matters to review the circumstances of the house sale and advise your mother of her options. Many attorneys offer free consultations so she can find one to work with.
He doesn't have other assets besides the car and a home loan but his roommate is the sole owner of the home loan now. All I want is to payoff his car and get it in my name without taking on any other unknown debt or paying taxes? I can't afford anything but the car. Is there a easier way... View More
answered on Aug 28, 2024
The Probate Court requires all of the assets to be inventoried and properly distributed by the administrator of the estate. Use the Find a Lawyer tab to contact a local probate attorney. Many offer free consultations.
Along with the house being worried about he is also worried about losing his vehicle that is in her name only. Can the siblings take vehicle also
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answered on Jul 16, 2024
Brother needs to hire an OH attorney to search the title and determine ownership. The vehicle is probably the property of the next of kin, which does not include the Brother.
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