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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.
This is about my father who died in 1981. He was a founder of a major company. I can't find anything at all about him anywhere. Not even an obituary, news about his accident, his marriage to my mother, nothing about his estate. I was a month old when he died and I found what looks like a trust... View More
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answered on Jan 16, 2024
That date pre-dates most archived electronic probate dockets. You will likely need to either 1) request that the docket related to the case be sent to you or 2) go to the court to obtain copies of the documents yourself.
They live in Texas, are not related to me, and state their attorney requires certain information. I am concerned about a swindle. Are there any instances that require more information than a name? Will they need my SSN? Bank account info? Etc.?
answered on Jan 10, 2024
It is likely that they would ask your name and address, so that they can keep you informed regarding the estate. They should not ask confidential information like SSN, bank accounts, etc. If something they asks makes you uncomfortable, don't do it.
answered on Dec 26, 2023
The POA does not have to list individual properties. It should say something similar to "to lease, rent, manage, contract to sell, sell, or convey real estate by deed or any instrument".
theres another sibling involved who is still residing in the home and I need them out. Water and electricity are shut off and it is uninhabitable. How do I get them out of the house? What are my next steps?
answered on Dec 20, 2023
Here in Ohio the answer depends on a number of factors. Being appointed the administrator of the estate is a good first step. If the sibling has established residency you may need to commence eviction proceedings to get them to leave.
All in all, I recommend sitting down with a qualified... View More
I need a template Judgement Proof Letter for credit debt. No estate and no assets.
We do not get income Bank ignores
Grantor trust and w9 requestor instruction
The IRS will send you a notice if the payee's name and TIN on the information return you filed do not match the IRS's records. (See Taxpayer Identification Number (TIN) Matching, next.) If you... View More
answered on Dec 7, 2023
I'm not sure a question is posed here. A Tax/Estate Attorney specializes his or her practice on those areas of law. The Internal Revenue Code is obtuse at best, as can be the rules governing many Trusts. It sounds like you need to sit down with such an attorney to review the Trust and the... View More
I was removed from Mother's trust as trustee to a beneficiary without any knowledge. Mother cannot or will not give information if she is aware of what's happening. A previous beneficiary is now Trustee.
answered on Nov 27, 2023
Read the trust instrument first. If there's no mechanism to remove the trustee in the trust instrument, then you need to look to title 58 of the Ohio Revised Code for authority. I think you would be wise to buy an hour of time with an attorney to discuss this.
My dad died when I was a month old. His wife, my mom lived. In the county court there is no information at all except guardianship of a minor and estate but that is all it says. He was the incorporator and he started a business that is extremely successful today and ran by my mom's family. My... View More
answered on Nov 21, 2023
You need to talk to a local attorney for help. I recommend Trent Stover in Sidney, OH.
..Declaration”, and “Last Will and Testament” documents created in 2007 while residing in South Bend, IN. Since then we have changed residency to West Chester, OH. Are we required to update/modify these document to our change of residency?
answered on Oct 30, 2023
Under the US constitution, those documents are enforceable in all other 49 states. However, some documents (particularly the healthcare directives) should be looked at. In Ohio, most attorneys use forms approved by the Ohio State Medical Association and that's what most healthcare providers... View More
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