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He just passed away and his sons won't let my brother, family, or my self have my mom's stuff. How can I get my mom's belongings. Again we have nothing of hers, his son said he was selling stuff including my mom's jeep to get his money back for paying on his dad's funeral.... View More 
answered on Dec 18, 2017
If she died without a will, then her property would have passed according to Ohio law. The first $20,000 of any of her property would go to her spouse, plus one-third of the rest to her spouse, and the remaining two-thirds would be split between her own children - you and your brother and any... View More
When my parents passed away two years ago, the title of their house passed to me. They had a home equity line of credit that passed to the estate, not me. I had been living there and paying the loan monthly anyway, so we just continued as is. The bank did not pursue the house when my parents’... View More
answered on Dec 10, 2017
You would need to do a search on the county recorder's website to see if the bank has a mortgage on the property that is securing the line of credit. If so, then the loan would need to be paid off when the house is sold.
answered on Dec 6, 2017
An heir could file to contest the will, but it depends on all the facts, and could be expensive. Use the Find a Lawyer tab to consult a local probate attorney who can review the facts and advise you.
From previous marriage.
answered on Dec 4, 2017
His children and/or his spouse might receive the house. Did he have a will? What is the value of the house? Any vehicles? Your mother should use the Find a Lawyer tab and consult a local probate attorney to follow the proper probate process. If it is a small estate, there is a simplified... View More
Escheat to the state of Ohio. The record company contacted me looking for my Mum, but she is decreased. How can I claim the money. I know I don't have standing but I'm trying to prevent the state from having it. What can I do??
answered on Nov 15, 2017
His rights might have gone to her at his death, and those rights might then transfer to you because of her death. You might have to open a probate estate for each of them to transfer the rights. Use the Find a Lawyer tab to consult local probate attorneys in the locations where each of them were... View More
my grandfather has owned the property for years in which the building is located on. i have used the property all my life, since then i have added to the property and now my daughter has received the property and has given us a 10 day eviction notice, my question is there any way we cld fight... View More
answered on Nov 15, 2017
Use the Find a Lawyer tab and retain a local real estate lawyer who can review all the facts and represent you in the pending eviction action.
Our house is in my name only. One car is only in my name. The other car is titled in both names but we still owe money on it. I had a $10k life insurance on him through my employer. It (plus more out of my savings) was used to pay for his funeral and burial. He does not have any other life... View More
answered on Nov 14, 2017
Probably not. You would just need to go to a BMV that also has a Clerk of Courts and show them his death certificate. Then, his name can be taken off the car title.
How would the power of attorney go about kicking my dads girlfriend out if the house?
answered on Nov 13, 2017
The person with POA would have to file an eviction action, and also should contact the police.
I have life insurance through work and a retirement savings plan. I have named specific beneficiaries in these two. If I write a last will and the last will does not mention the life insurance policy and the retirement savings plan, will the last will override the beneficiaries I specifically... View More
answered on Nov 8, 2017
A will does not affect the named beneficiaries. Those assets are outside of your probate estate, and go to the named beneficiaries. But if you are assessing your estate plan to determine if it meets your needs, or you are considering changes, you should consult with an estate planning attorney... View More
The will stated that if my brother "or" I proceed him in death then "all" the estates goes to my oldest son. This was not dad's intention. I took care of him for the last 8 years. He did not want my brother's daughter to inherit as she is a drug addict and has been in... View More
answered on Nov 7, 2017
It is a matter of interpretation by the probate judge. It sounds like the intent of the Will was to say that if either of you died, then your son takes that 1/2 share. It does not sound like the intent was that if your brother died, that you will also lose your share. It would be up to the judge to... View More
The attorney handle the estate sold the house they paid in cash the attorney is now at the point where he said he just had to cut checks to pay the bills how long before the beneficiaries are to be paid out thank you
answered on Nov 2, 2017
You should ask the attorney, who can advise on the remaining steps that the probate court must take to release payments.
What will happen?
answered on Oct 27, 2017
Use the Find a Lawyer tab to engage a local probate attorney to review the probate case and advise you of its status and what the court has approved. If you have evidence of wrongdoing by the executor, it can be brought to the court's attention.
My dad passed away 3 weeks ago in my stepmother is selling anything of his worth value. We know some of what she is selling is willed to one of us kids. She pacifically said to my sister that she is selling his truck and camper that my brother is supposed to get before she takes the will to the... View More
answered on Oct 24, 2017
She can get away with some of it until someone in the family goes to the probate court to stop it. Use the Find a Lawyer tab to consult a local probate attorney who can advise of steps to take, but don't delay.
answered on Oct 18, 2017
It depends on a number of factors. If the money put into the trust was owned by the beneficiary at some point, then there is probably no protection. If the trust was funded with assets from a third party, such as a gift from a parent, then there might be protection if the trust document had a... View More
I heard that a "certificate of live birth" is different than a "birth certificate". From my understanding you get your "bc" from your "colb". So they are different. Do I need a lawyer to retrieve mines? Thanks for any help
answered on Oct 17, 2017
A Certificate of Live Birth is just the 'full' name of what most people call a 'birth certificate, and many states have slightly different names for the same document.
The state where you were born has the record, and you can get a copy from that state's bureau of vital... View More
He has 2 children different mothers and they well put his property up for sale
answered on Oct 3, 2017
You are not restricted from purchasing, but it is up to the executor of the estate, and any sale is subject to probate court approval.
My father is in a nursing home and he signed a quit claim deed to my mother so that she can sell their home. However, the quitclaim deed prepared did not contain specific dower release language. I'm told that this could be a problem for Medicaid spend down purposes. Can she file an amended... View More
answered on Oct 2, 2017
Use the Find a Lawyer tab to consult an elder law attorney who is familiar with Medicaid planning. It is very complicated, and an attorney can review all the issues of the situation and advise you.
answered on Oct 1, 2017
It depends on how the trust was worded and whether everything he had was in the trust. It is best that you, or whoever is the trustee, talks with a probate attorney.
Ed take my mom to court for my dad's half of the estate?
answered on Oct 1, 2017
If the home were owned with rights of survivorship (which is typical for married couples) then the surviving spouse will own the WHOLE house now and there is no 'dad's half of the house'. Regardless, the surviving spouse will inherit FIRST before adult children in every state. In... View More
Does my stepdad gain control of the family trust?
answered on Sep 19, 2017
A will does not become void unless the person who made it, revokes it. A will goes into effect when the person dies, once it is admitted to probate court. The trust is controlled by the trustee named in the trust, and by any successor trustee named in the trust, if the original trustee dies, or... View More
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