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.
answered on Oct 25, 2023
You can write your own will. So long as two witnesses sign it it will likely be valid. You can, but do not have to, file the will at the courthouse. We often recommend that clients do file their will with the probate court to avoid later will contest actions.
Will his share be divided between his other siblings? Since they are also listed on the will. I’ve seen mixed answers online.
answered on Oct 18, 2023
The language of the will is critical here. Does it address a predeceased child? If not, then R.C. 2107.52 will apply.
answered on Oct 6, 2023
A dismissal and a refile on an ex parte motion will not look good, but proceeding on a factually insufficient or incorrect motion will look worse.
answered on Jun 28, 2023
Generally, you need to pay the administrative costs, creditors, taxes, and beneficiaries, and then file a final account. Be careful...you could be personally liable if you don't do it right.
There was no will and my mom has 2 brothers and one sister still alive in Ohio
answered on Jun 20, 2023
Hello, more information is needed in order to answer this question. It sounds like you might, but a full analysis needs to be completed pursuant to Section 2105.06 of the Ohio Revised Code to make that determination. I recommend sitting down with a qualified attorney who can assist you and advise... View More
Dad bought house with gf they are both on the title. Gf paid mortgage and dad paid electric bills, maintenance, for updates like flooring. He has cancer, if he passes away who does the house go to. My dad wants us his 2 children to have his assets. What does he need to do to ensure that?
answered on May 18, 2023
If the deed is held with rights of survivorship with his girlfriend, then his girlfriend will inherit the house if he dies first.
He needs to get an attorney to change the deed, while he is still alive.
My loved one supposedly wanted to be cremated and I think they didn't. My state requires all surviving living children to sign a document agreeing. I do not agree with the cremation.
Thank you
answered on Mar 23, 2023
If there aren't any other assets or creditors, then maybe pretty soon. But, it's not unusual for payout to take a while if tax returns need filed, other assets need dealt with, or creditors need paid.
Dies, understanding that we may each pick someone different. (Would we each do our own TOD? (Wanting to avoid probate).
answered on Mar 20, 2023
A single TOD affidavit will allow the property to avoid probate. But, it will also allow the survivor to change the plan. If you want to lock in a plan, then you need to talk to an attorney about your options.
She had Medicare and Medicaid also has disability income and widowers support. Should I seek out a lawyer or go ahead and sell.
we want to protect our daughter when we die.. what do we have to do to make sure she gets our house and life insurance policies. i dont want her to end up in probate court with our house, we do have a niece that can take care of her if we die before she turns 18. i want the best way to get things... View More
answered on Feb 20, 2023
The best way to take care of your daughter and to avoid probate is to create a trust. You can specify how money will be used while she is a minor and whether she inherits everything at age 18, or it is phased out to her.
answered on Jan 17, 2023
I'll refer you to the table of consanguinity.
https://heirsearch.com/wp-content/uploads/2019/06/consanguinity_chart_web.pdf
A person claiming to be an attorney claims I inherited nearly a million in gold jewelry but it has to be melted down into gold bars and sold. Is this true?
answered on Nov 28, 2022
It's a scam. Block the sender and do not communicate. Use the Find a Lawyer tab to retain a local lawyer to confirm it is a scam.
The new deed contains express language that I do intend to preserve the survivorship tenant rights, rather than severing those rights.
answered on Nov 9, 2022
The easier thing to do would just be to include new survivorship language in the deed. Don't overcomplicate things.
They want them to pay by the day or lose the family farm. My mother has tried contacting her lawyer several times about an irrevocable trust. She has heard nothing. Is there anyway to stop the look back and/or deli the process?
answered on Oct 16, 2022
It depends on a number of factors. Is she married? Does she have a child living there? Does she have any disabled children?
She needs to speak to an attorney that specializes in elder law.
answered on Oct 7, 2022
You can search for an estate planning attorney on Justia or on Avvo. Both list attorneys by location and type of law they practice. When you see one that you would like to know more about, you can look at their website, the reviews that their clients have left, and just general information about... View More
I do not want to go to probate court, the dealership has possession of the car and cut me a check i used to pay funeral costs. it is no longer on my credit am I still responsible for the car?
answered on Oct 4, 2022
Probably not. It sounds like the vehicle was repossessed by the dealership. Until a vehicle is paid in full, the title does not pass to the purchaser. When a vehicle is repossessed they go back and resell the vehicle. What happens with the either refund (if the sale exceeds the balance on the... View More
answered on Oct 4, 2022
In short, it depends on how the notary is signing. If they are just notarizing a signature, no it does not work. If they are signing as a witness, then it may. I would have to refer you to Section 2107.03 of the Ohio Revised Code (link below). It's going to depend on the specifics on... View More
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