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We are working on getting her on Medicaid.
answered on Mar 4, 2022
No, being power of attorney for your mother does not make you personally responsible for her debt.
It just allows you to help your mother pay her bills using her assets.
The trust was in his and his two sisters name
answered on Feb 12, 2022
Unless there is proof that the trust owned these items, then these become part of his probate estate and will be distributed as outlined in his will.
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answered on Feb 12, 2022
You will need to open an estate and probate the assets.
They are both in assisted living, he has dementia and she is slipping. She has assigned a medical POA for herself and has an attorney taking care of her financial assets, which pays for my dad's care (they both own separate properties). My dad does not have a POA assigned for him. Can she sign... View More 
answered on Feb 11, 2022
Only your father could name an agent under a power of attorney. If he is incompetent, then he cannot sign a power of attorney and guardianship may be the only option. Keep in mind, though, that people with dementia can have the capacity to sign a power of attorney. Good luck!
answered on Feb 9, 2022
"A lawyer’s time and advice are his stock in trade." -Abraham Lincoln
I am exe of an estate. I am beneficiary of funds from Merrill Lynch acct. lawyer said if it was someone else I would have to give the funds to them. He said since I am the beneficiary I have to put it in her estate. The transfer was after death and I had already talked to Merrill Lynch. Is this... View More
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answered on Feb 3, 2022
You don't. If you are the named beneficiary of the IRA then those are non-probate assets and you can take them directly outside of the estate.
My partner and I had a business together. The business is under his name. I am unsure how the son needs to sort that out as well as his other business and even personal things needing to be done with possibly taxes, debts or assets.
answered on Feb 1, 2022
Determining how a business is to be handled is a complex question. You need to review the operating agreement or bylaws depending on how the business is organized. I highly recommend sitting down with a probate attorney to review the situation in detail and advise you.
Best of luck.
Would it go to the family of the original owner or into the estate of the person who was supposed to receive it? This person died before it could be filed with the recorder
answered on Jan 28, 2022
See Section 2105.32 of the Ohio Revised Code. If the beneficiary survived the original owner my more than 120 hours, then his or her rights in the property vested. The rights to the property go to the estate of the beneficiary. These are of course general statements and not advice particular to... View More
answered on Jan 25, 2022
Assuming assets were properly distributed, does the trust need to file a tax return? If not, then you may be finished. I'd send a letter to the beneficiaries indicating that the trust has been wrapped up.
answered on Jan 25, 2022
Yes, if you open up her Probate estate, assuming it is still in the bank. If it has es-cheated to the State, you may need to get it from the unclaimed funds. In either case, you will need to open her Probate estate and the funds will go to her heirs, either by will or, if there is no will, by... View More
His wife AND his lawyer said they both have a copy of a 2018 rough drafted will (not signed nor registered). Later the wife finds another 2009 will she is stating it is signed (but not witnessed or registered). None of his children have been notified by a lawyer yet. Does she, as his wife have the... View More
answered on Jan 13, 2022
You can challenge the validity of the will when it is filed in the probate court. You should receive notice of documents filed with the probate court to open the estate, and then there can be a court hearing for you to object. The court is unlikely to accept a will that has not been properly... View More
answered on Jan 7, 2022
Only valuable collector cars increase much in value to result in much of a taxable capital gain, although the used car market is seeing higher prices. But it doesn't matter, since an heir takes an asset at its current fair market value. If the heir sells immediately at the same fair market... View More
My aunt passed away, and she doesn’t have any children, she was divorced, and her parents have passed on. I assumed that the next of kin would be the next blood relative, which would be my mother, because my mother is the oldest sibling. The hospital that my aunt passed at stated that another... View More
answered on Jan 7, 2022
Your question implicates multiple provisions under Ohio's Revised Code.
Ohio Section 2108.70-2108.99 will be pertinent to your situation. I have included a link below to the chapter. All in all, you may need to retain an attorney if there is a dispute regarding your aunt's... View More
Rest of her natural life. She is in a memory facility with no chance at recovery from her cognitive decline. May we sell the house?
Or must we board it up until her physical death?
answered on Jan 6, 2022
If her Power of Attorney document allows you to sell real estate, then you can sell it now.
My sister was appointed Executrix of my Fathers estate and another sister Trustee of his trust. The day after my Fathers funeral service the Executrix and her husband and kids started to go through my Fathers house and started clearing it out and giving stuff away on top of whatever she took for... View More
answered on Nov 3, 2021
The answer depends on a number of additional factors. A key issue that needs to be addressed is whether the household goods were considered a probate asset, or an asset of your father's Trust. As the other attorneys have advised, the analysis is too complex for an answer on this forum. You... View More
My wife owned a cemetery plot and passed without a will. She had three children from a previous marriage but paid for the plot while we were married. As her next of kin, do I now own that plot?
answered on Nov 1, 2021
Call the cemetery and ask them. Sometimes, cemetery plots will pass under cemetery rules. Even if it has to go through probate, you will probably be able to get it.
The attorney that did my Fathers will and Trust is a close friend of my brother. I have 2 brothers and 3 sisters. I just recently found out from this same brother that he and my other brother and 2 of my sisters went with my Dad to get his will and Trust done. My 2 sisters that were there were put... View More
answered on Nov 1, 2021
Use the Find a Lawyer tab to retain a local attorney who handles trusts and estates to review the situation and advise you.
My sister is Executrix of my Fathers Estate and another sister is Trustee of the Trust. I am a beneficiary of the Trust. When I was questioning the Executrix about the inventory of my Fathers estate she became very upset. I was never offered or contacted by the Trustee about getting a copy of the... View More
answered on Nov 1, 2021
Talk to the attorney for your father's estate with your questions about the authenticity of the trust document. Use the Find a Lawyer tab to retain a local attorney who handles trusts and estates to review the situation and advise you.
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answered on Oct 24, 2021
Can you provide some more information? What question are you seeking an answer to?
Can older sibling and I ask for a neutral executor since younger brother won’t fill out and file bond paperwork?
answered on Oct 20, 2021
You don't even need a neutral executor. You should just apply to administer the estate. This will force your younger brother to act and, if he doesn't, then you can act as administrator.
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