Get free answers to your Estate Planning legal questions from lawyers in your area.
The funeral and the equity brake even, there's no money for an attorney. Do i need to go thru probate to assume the loan? Is my Brother entitled to anything?
answered on Sep 17, 2017
If I may be so bold, you can't afford to NOT hire an attorney to help you with this. If indeed you want to assume a loan (I assume associated with some property that you want to keep) you can do that in many cases, but you have to approach the process properly, and insure you have AUTHORITY... View More 
My father passed away in May of this year. there was a will/ trust drawn up in Michigan but the case is being probated in Ohio. My father did not move to Ohio he went to visit his daughter he was 89 years old had dementia , Alzheimer, had hip replacement shoulder surgery and also back surgery. My... View More
answered on Sep 14, 2017
Contesting a will can be a very expensive process. A review of all the relevant documents and probate case is required to answer your question. You should use the Find a Lawyer tab to consult a local probate attorney in the location of the probate case who can review the status of the case and... View More
Think she is hiding debt
answered on Sep 13, 2017
Her attorney is required to maintain her information confidential, and cannot reveal it without her specific consent. Your POA only allows you to act on her behalf as specified in her POA, but even if it says her attorney can talk to you, the attorney can choose not to without her specific... View More
A family member died. The will & testament is over 20 yrs old. The notary seals are expired. Is the document still valid?
answered on Sep 10, 2017
Wills don't expire. If they are valid at the time of creation - signed by the testator at the bottom with two witnesses signing that the testator did so of free will - it is valid forever unless revoked.
I used to live with my mom and my dad took her to court and he got custody of me and she moved to California. I just turn 16 so can I go to California without his permission.
answered on Sep 5, 2017
No. If your father has legal custody, then you must live with him. If you go to CA, and if your mother does not return you to OH, then she can get in legal trouble, and you could go to juvenile detention in OH. Talk to your father and mother, or another family member or trusted adult, about your... View More
My parents owned a small property in Ohio & wanted the sale of this to be distributed evenly among their 3 daughters. Father passed, and mother lived there until moving in with one of the daughters. Property just sold for just under $60k. We want the money protected in the event that she... View More
answered on Aug 30, 2017
Your mother should consult the attorney who drafted her will, and discuss her goals and if any changes to her will or estate planning are necessary. There also are Medicaid recovery issues she should consider. What she should do depends on all the facts of her situation. She should speak with... View More
He needs more time to get 1st and last month rent for a new place. He is assuming he wont give the deposit back, the rumor is he never does.
answered on Aug 21, 2017
If the landlord follows the proper eviction process, it will proceed. If your son is not out on the date specified in the 30 day notice, then the landlord will deliver a 3 day notice and then file the eviction complaint, which will be scheduled in 2 to 3 weeks. If you son goes to the eviction... View More
30 days passed I would get it. Is it possible it will come before the end of August?
answered on Aug 14, 2017
Talk to the attorney or executor handling the estate. It is possible, but the paperwork sometimes moves slowly. Ask for a status report.
answered on Aug 2, 2017
If the terms of probation is that you cannot move without court approval, then you can't move. If the terms of probation are that you HAVE to move, then you have to move. If the terms are that you have to get your probation officer's approval to move then you have to get your probation... View More
Many names and accounts in the trust are old or closed. Most of her assets have been used for her medical care. She lives with me in my home in Florida and has for the last 6 years. She even has a Florida drivers license. She would actually like to sign her home over to my sister who is an Ohio... View More
answered on Jul 27, 2017
Your grandmother needs to consult with an elder law attorney who can advise her about potential Medicaid claims if she makes transfers of assets. Use the Find a Lawyer tab to find an estate planning attorney who works with elder law to review the trust, her situation and assets, and who can then... View More
answered on Jul 24, 2017
If she is still mentally competent, she can revoke the POA and change her will at any time. If you have specific concerns about what happens in the probate process, use the Find a Lawyer tab and consult an estate planning attorney.
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answered on Jul 17, 2017
These questions pertain to Ohio law if the will is probated there, but most likely the answer is YES, there just may be a requirement of posting a bond / undertaking.
We live in Ohio
answered on Jul 7, 2017
Assuming your mother's entire estate is worth less than $5 million there IS NO FEDERAL INHERITANCE TAX. Trusts don't change that fact.
HOWEVER, the IRA is subject to ordinary income tax, and if there is no beneficiary named on the account, the income tax on both the principal and... View More
when someone dies and a will is left, (house,car and everything) is all left to his son. Is there a time limit in Ohio to file in probate?
It's been a year since the death of my uncle and his son has kept up on the mortgage payments and all other bills but has not had the money for... View More
answered on Jul 5, 2017
There is no time limit. You should meet with an attorney to review the deed. Normally a survivorship deed is between two people, or to the survivor.
I have reason to believe my grandmother was not of sound mind. Also how to I know if there was a will
answered on Jul 3, 2017
If a will was filed with the probate court to open an estate, then it would be available to review. Or a will might exist, but nobody ever filed it, or maybe even destroyed it if they would gain more. Use the Find a Lawyer tab and consult a probate attorney in the county in which your grandmother... View More
answered on Jun 19, 2017
Ohio does not allow it. Your mother is legally obligated to continue supporting you. If you move out, she could face legal problems, and you could land in juvenile detention. See this link: https://www.ohiobar.org/forpublic/resources/lawyoucanuse/pages/lawyoucanuse-255.aspx If you are living... View More
The wife wants nothing to do with the probate so how would we handle it now? I'm the oldest. But she keeps trying to get my younger brother to sign papers and things.
answered on Jun 6, 2017
Use the Find a Lawyer tab to consult a local estate planning attorney who can review all the facts of your situation, the assets you have, what you and your wife want to happen with them, etc. There are several things you can do to minimize the need for probate, but every family situation is... View More
We do not want to be beneficaries can we take our name off ?
answered on Jun 5, 2017
Unless any of the beneficiaries co-signed on the loan, none will be personally responsible to pay it. If there are not sufficient amounts in your mother's estate to pay back the loan, then the house or other assets will have to be sold to repay the loan. Any amount left over would then be... View More
I am currently POA for his medical decisions but he has other problems that need to be addressed and I need to be able to make those decisions. He needs psychiatric help and drug treatment and is a danger to himself.
answered on May 30, 2017
A person can apply to the OH Probate Court in the county in which he lives to be his guardian. There are two kinds - guardian of his person to make medical decisions, and guardian of his estate to make financial decisions. A person can be both, but the guardian must live in OH. A POA agent does... View More
answered on May 28, 2017
No, you are not responsible for repairs to a home that you do not own. You may find it beneficial to keep the home in repair, so that when you inherit, it isn't a mess, but you are not required to do so.
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