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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
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.
He is showing signs of dementia. He has no money other than social security. My brother and I are trying to get power of attorney to handle his business but he is becoming suspicious of our motives. We need to get him help but he is refusing. We have no money to help him
answered on Jun 24, 2024
Talk to social security about becoming the representative payee. If SS is the only income, then you may not need the POA or guardianship to pay the bills as rep payee. If this doesn't work, then you may need a guardianship.
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answered on May 22, 2024
The settlor of a revocable trust can change the trust even without a notarized letter. It just needs to be in writing and signed by the settlor, although notarization or witnessing is best practice.
Should the heirs of my father have received a copy of the will from some reputable attorney firm we live in Ohio Father lived in Pike county Alabama we're having trouble since we're states apart finding a attorney that can represent us in this matter.
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answered on May 17, 2024
Unfortunately an Ohio attorney is not going to be able to help you here. Because you father lived and died in Alabama, his will and estate will be probated there and be subject to Alabama law. Good luck in your search!
As executor atty & probate judge said they didn’t file proper claim by year 2, now they are suing the beneficiary-after trying to sue me (executor) is this legal? My mom was NOT on Medicaid, she was covered by Medicare, which stopped halfway through her stay, even though her condition had... View More
answered on May 1, 2024
Ohio's Medicaid Estate Recovery program has authority to recover assets of the decedent to repay for the services they paid for.
There is HEMS clause where he has authority to use the principal furthermore he stated that ultimately the principal goes to charity when it’s plainly written it goes to my daughter.
answered on Apr 22, 2024
You may want to engage an attorney to explain your rights under the trust instrument. The exact language used by the drafter is critical here.
Spouse doesn't have access to inheritance property which is a rental in another state. Spouse doesn't have access to rental bank account. Spouse is not on the deed.
Does a Trust have to be created in the state where you reside?
answered on Apr 16, 2024
You need to speak to a divorce attorney to discuss your rights.
answered on Mar 16, 2024
Without more context this question is impossible to accurately answer. If the payment is spousal support it depends on the wording of the decree. Generally, domestic relations support orders are not dischargeable in bankruptcy. The remarriage may be a termination of support, but only if... View More
She is my 2nd wife. After her death, I would like the remainder interest to pass to my biological children, not hers.
answered on Mar 11, 2024
I believe that you may use a TOD affidavit to transfer a life estate to one person and the remainder to another person(s). See R.C. 5302.23(6).
I have since closed the bank account but now I am trying to buy her vehicle that she owed $8000 on before her death. When I file probate paperwork (I’m executor of the estate) to try and get the car, do I need to list all of her assets like the house and money that was in her account even though... View More
answered on Mar 7, 2024
You only list those assets that are probate assets. Anything passed by a TOD or POD or a joint owner is not a probate asset.
My sister was removed as guardian recently. I was the power of attorney before her guardianship. We have had many issues with the courts and feel it is too expensive and time consuming. Is it possible to re-enact the power of attorney document or should I apply for guardianship?
answered on Feb 21, 2024
If the POA is durable, then you may be able to terminate the guardianship due to there being a less restrictive alternative available. I recommend asking your attorney about this.
My husband died three weeks ago, leaving a will with me as sole beneficiary and executor. Cremation is fully paid for, and there are no children, no previous marriages, his family are all deceased. My husband's house has already been transferred to me by a Transfer on Death affidavit, so no... View More
answered on Feb 4, 2024
ProSeniors is correct. From your description, the only asset you would have to probate is the $40 bank account and it would cost more to probate it than it is worth.
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