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My great aunt signed a TOD deed on her home and my mother was the beneficiary. Later my great aunt signed another TOD deed with her neighbor as beneficiary, but then revoked the TOD deed to the neighbor several years later. Is the one to my mother still valid if it was never revoked? What if a... View More 
answered on Dec 22, 2022
It depends on how each was worded and if they were properly executed and recorded. They would have to be reviewed by an attorney to give an accurate answer. A properly worded, executed, and recorded TOD affidavit would take precedence over a different designation in a will. Use the Find a Lawyer... View More
In order to sell the house its in Kentucky
answered on Dec 16, 2022
You're not required to have a lawyer. Whether you would be wise to hire one is a different issue. Whoever ends up acting as the executor/fiduciary could open themselves up to liability in a number of ways.
Inherit some land but has passed away. The land would have gone to my mother who also passed away. My cousin wants my siblings and myself to sign a deed gift receipt so she can own the land free and clear (she said a surveyor determined the land my father would have received and her house have been... View More
answered on Nov 30, 2022
If grandmother, father and mother all have passed away, and their estates were not submitted to the probate court in the county in which each lived, and because they owned real estate, then that is a big mess that will require an attorney to help sort it all out by opening the estate of each with... View More
will changed after many yrs and just 10 mo. prior to mothers death and mother was in a very vulnerable position with monies, travel to Dr. visits, food etc and older son had just had stroke 2 months before the will change and younger son took advantage of this.
answered on Nov 28, 2022
To open an estate, the executor named in the will should file it with the court and must give notice to all the next of kin that it has been filed, and then family members can contest the will if they have suspicions. If the named executor doesn't open the estate, any other family member can... View More
She had no transport/way to get food etc. as I was not able at the time to do for her-I feel he took advantage and he had unreal financial debt at the time. what can I do? My younger brother did this to her
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answered on Nov 28, 2022
You can hire an attorney to contest the will on the basis of lack of capacity or undue influence or both. Do not delay because there are deadlines for will contests. If you miss a deadline you will lose your right to ever contest the will.
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.
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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.
What do I do with the check. He had no will. His two children are grown adults. We owed nothing as far as property or vehicles or financial accounts. Desperate in akron,ohio
answered on Oct 27, 2022
I recommend contacting the pension company to see how things were set up. If you are indeed the beneficiary, then the bond company will usually re-issue the check in your name. On the other hand, if you are not the beneficiary on the account, then the check is an estate asset and you need probate... View More
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
I think my sister bullied my dad into leaving her everything when he died last month(August 2022) he had been living with her for a year and a half prior to his passing. He was one month short of 90 years old. In my opinion his mind was going. I am not sure how to categorize this. Is it probate... View More
answered on Oct 4, 2022
An Ohio attorney could advise best, but your question remains open for two weeks. Try reposting this in the "Probate" and "Estate Planning" sections. There's no guarantee that all posts are picked up, but you'd have better chances of a response there. Attorneys in... View More
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answered on Sep 29, 2022
Yes to first question if named in the will.
Yes to second question so long as the out-of-state POA conforms to Ohio requirements (which most will).
My brother is not included in his previous will, and I want to protect his rightful inheritance.
Does giving proof of mental incompetency at the time the latest will and power of attorney paper were filed (Aug. 22nd, 2022) nullify both and immediately revert to the previous will?... View More
answered on Sep 28, 2022
If the probate court were to appoint a family member as his guardian, that would terminate her POA. The probate court could also determine if he was competent when he made a new will or whether there was coercion, undue influence, or other improper pressure to change the will. Use the Find a... View More
Nothing in the Will or Trust speaks to any such “advancement” nor are there any signed loan paperwork, or repayment schedules, nor is anything written on any of the Grantor’s check’s signifying check as an advancement or loan. Trustee only claims the Grantor said to withhold this... View More
answered on Sep 28, 2022
This has some serious family drama issues. Can a Grantor verbally amend a trust? Yes under certain circumstances. But the issue is whether this actually happened. Get a lawyer!
The estate in located in Ohio. I have also begun the probate process. I have letters of authority. I also have submitted the inventory list to the court, currently awaiting approval. I'm basically asking what are my steps to sell the home legally?
The home does currently have a... View More
answered on Sep 27, 2022
It's not the answer you're going to want to hear, but it depends on many other factors. Probate can be very complicated. I highly recommend sitting down with an attorney to review the situation in detail and advising you.
Best of luck.
answered on Sep 26, 2022
R.C. 5808.17(C): A release by a beneficiary of a trustee from liability for breach of trust is invalid to the extent that it was induced by improper conduct of the trustee or that the beneficiary, at the time of the release, did not know of the beneficiary's rights or of the material facts... View More
We are going to pay it off but what rights are there to include her name on the loan so the bank will have to answer her questions and give her details. Her will states that all assets go to her once the estate is settled in October. I understand that the Garn-St. Germain act prevents them from... View More
answered on Aug 10, 2022
It is very likely that your mother-in-law's mortgage has an acceleration clause. This makes the entire balance due upon the death of the borrower. A surviving spouse has some rights with respect to assuming the loan. But, I'm not aware of any rights that a child has. In other words, you... View More
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