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My mother-in-law received Medicaid benefits while she was in a nursing home. Upon her death the house and other assets were left alone as her husband was still alive. If us kids sell his house and vehicle before he dies will the state of Ohio stop the sale? If not, what happens when my... View More 
answered on Aug 1, 2022
If you sell the house now, Medicaid cannot take any of the sales proceeds, since your father-in-law is still alive. He can then spend the money as he sees fit on items for himself. Once he passes, then technically, Medicaid has a claim against the remaining funds from the sale. However, with some... View More
I have been paying for the units for over a year but they are not in my name nor did i sign any rental agreement i just took over payments. I have full access to the account. Will it hurt my credit or go to collections for me if i just stop paying for them
answered on Jul 29, 2022
If you're not a party to the contract with the storage unit company, then I don't believe you can be held liable under any of its terms.
My mother lives in Ohio and her will says that all debts should be paid on her death. Does this mean paying off the mortgage before my sister can have it?
answered on Jul 25, 2022
Your sister will inherit the house subject to the mortgage. The mortgage accelerates upon the death of your mother, so the entire balance will be due. If your sister doesn't want the bank to foreclose on the mortgage, she will need to find a way to pay off the mortgage.
Summit County Ohio
answered on Jul 13, 2022
Without the original POA to be recorded, it is unlikely that a buyer would accept a deed. A guardianship might be required. Use the Find a Lawyer tab to consult a local estate planning attorney who can review the situation and advise of options.
answered on Jul 2, 2022
It typically would be interpreted to mean all of that, as described in the decedent's deed of record. But it could be subject to challenge in probate court depending on all the circumstances and other factors that could make it ambiguous. Use the Find a Lawyer tab to retain a local probate... View More
She passed away with no estate or will and no one was ever appointed personal representative. I recently found out her employer owed her alot of money and I would like to look into it. What can i do? I would like to get her IRS transcripts before it's too late. They will only have her records... View More
answered on Jun 30, 2022
In Ohio, an administrator or executor could still be appointed and may have the authority to obtain records. Whether the IRS still has them is another issue. Also, the cost may outweigh any benefit. Even if you're digging for evidence to mount a lawsuit against an estate beneficiary, many... View More
If a will is wrote to cheat the step kids out of some of their father's money, can the person inheritting the most reduce their inheritance and give some to the other heirs mentioned in the will?
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answered on Jun 22, 2022
A person receiving money in an inheritance can do whatever they want with it. They can waive some of their inheritance if they wish, but the easier thing to do would be to just transfer some of their inherited funds to the parties who did not receive anything.
of those assets. A small amount of money was left in the estate bank account. The property transferred to the new owners on April 1, 2022. The Executrix of the Estate asked the Probate court to extend the administration of the estate for another year on April 28, 2022 and put the reason for the... View More
answered on Jun 7, 2022
It is pretty routine to ask for an extension. The Executrix must prepare a final accounting and that can take some time. Also, a tax return might need to be filed for the profit from the sale of the house. That could be why the Executrix is holding back a small amount of funds.
not used. Can the Estate Exemption be transferred to the heirs? What can be done?
answered on Jun 7, 2022
It can only be transferred to a spouse. Also, it must be done within a short window of time.
My house has foundation issues so no one will buy it.
answered on Jun 6, 2022
Life insurance benefits are paid directly by the insurance company to the beneficiary named by the policy owner. That money is not part of the homeowner's estate. The executor of the homeowner's estate will have to decide what to do with the house, and could transfer it to the mortgage... View More
It's a revocable living trust.
answered on Jun 1, 2022
You may amend your revocable living trust by a document signed by you. Keep in mind that each word matters, so be careful.
I have lived in family house about 30 years, maintained all of it, paid all taxes to date. My mom used priest many years ago to put house in me and my bro name when she died but house only went in his because of a nasty divorce I had when younger and I cannot find the priest or have paperwork. My... View More
answered on May 23, 2022
There is no short answer to this question. I highly recommend sitting down with an attorney to see if there are any avenue's you can take in trying to keep the house.
Best of luck.
My first cousin died. He left no will. He had no children. His wife, brother and sister are deceased. His parents and grandparents are also deceased. He has one living niece and one living aunt. He lived in Ohio. Based on this information, who do you think inherits his estate?
answered on May 2, 2022
1/2 TO HIS BROTHER'S CHILDREN, EQUALLY.
1/2 TO HIS SISTER'S CHILDREN, EQUALLY.
My dad passed away in 2005, and he has a will and a trust set up. The trust states that my brother and I receive everything and once we were both of the age 25, we became co-trustees. I am 30 now and in the process of buying my brother out of his half of the house. My mom is saying she has a life... View More
answered on May 2, 2022
This is too complicated to be answered on line. As a co-trustee, you are certainly entitled to a copy of the trust. Ask your mother's lawyer for a copy. If you don't already have an attorney, then use the Find a Lawyer tab to retain a local estate planning attorney who can review the... View More
I was told I could not be executor of my parents estate because I reside out of state. Is that a nice to have condition or a need to have requirement. Also, I was sent a waiver of notice of probate of will from my brother without explanation to sign. Why should I sign this document. Did not... View More
answered on Apr 20, 2022
Someone living out of state can be an Executor, who was named in the will. They cannot be an Administrator, who handles the estate when there is no will. Signing a Waiver of Notice of Probate of Will indicates that the Executor or Administrator does not need to send you certified mail telling you... View More
answered on Apr 19, 2022
Depends where it's written. If it's giving power to multiple people, then they may have to act in unison, rather than independently.
I forgot to say a few more things about that equity line of credit issue with my mother. Her house is in disastrous condition and is worth far, far less than what she owes the bank. So the bank simply taking the house, I don't think that will satisfy them, unless (I hope) by law that's... View More
answered on Apr 6, 2022
It depends on the loan agreement.
In any event, you are not personally responsible for the loan.
Years ago the bank made me a co-owner (joint checking account) of my mother's checking account. I wanted to just be POA to help pay her bills, but they made me a joint owner instead. She has a $55,000 line of credit on her home that she will never pay off. She is under hospice care and pretty... View More
answered on Apr 6, 2022
They will foreclose on the house to get paid.
They can't go after you personally.
years. And am also over his healthcare. We plan on holding our property undivided half interest, fee simple, with right of survivorship... now our sister has a power of attorney he granted her about 12 years ago. Will she be able to sell his interest or otherwise intervene in our property?
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answered on Mar 28, 2022
All he has to do is revoke that old POA by sending her a formal notice of revocation. He should also send notice of revocation to anyone anywhere who has a copy of it. And he should demand the return of the original so he can destroy it.
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