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Now she is trying to kick them out because they are only the step kids but my grandpa's wishes was for them to stay on the property and it be divided between the kids after she dies but she's trying to kick them out is there something he can do
answered on Oct 19, 2021
Very sorry to hear about this. I suspect your grandfather did not give legal effect to his intent, so your options are limited. It's worth talking to an attorney about, but you should keep your expectations low.
My grandfather died in june leaving his assets in trust to his son and daughter equally. His son (my dad) died before receiving his half of assets. My dad was on Supplemental Security Income at time of death and for last 10 years. The family says his half of the assets will pass into his estate to... View More 
answered on Oct 8, 2021
SSI works differently than the Medicaid program. While the federal government has mandated that state Medicaid programs are to seek reimbursement from the estate of a deceased under certain circumstances, it does not extend to SSI benefits. That being said, if an overpayment was made by SSI to... View More
He didn't own his home and his vehicle when back to the finance company. He did have a life insurance policies I'm sure but how do I track them down.
answered on Oct 6, 2021
You'll have to go through his papers to try to find any life insurance policies. There is no other easy way to find out if he had insurance. If you find any life insurance policies, you can send a death certificate to the companies to notify them of his death. They will pay insurance... View More
The mother paid mortgage, son-in-law and daughter paid all utilities, maintained home while also giving her care. What rights does daughter have? Daughter does have a brother who lives elsewhere
answered on Sep 16, 2021
Unless the home was in a Trust, or there was a transfer on death beneficiary for the residence, it will have to go through probate. The heirs at law will be the ones to inherit the home. See Section 2105.06 of the Ohio Revised Code for breakdown. (link below). If someone else gets the home some... View More
Legal investigation Can they do that. And what do I do now
answered on Sep 14, 2021
You could file a motion to show cause why they bank should not be held in contempt for violating the court order.
My husband is the only name listed on the deed for our property. He has 2 children, never was married to their mother, the mother has had custody of them, they've lived out of state about half of their minor lives, they are both over 18 at this point and have had 0 contact with him for many... View More
answered on Sep 14, 2021
If that's not what he wants, then you need to get this done ASAP. Each issue you bring up can be quickly resolved.
Does the Ohio rule of Descent and Distribution, code 2105.06 mean that it will automatically go to the living spouse without having to go thru probate? The same does not apply to lineal descendants such as a child, correct?
Thank you Andrew Popp for your previous help.
answered on Sep 13, 2021
No problem. There is a separate statute for that. See Section 2106.18 of the Ohio Revised Code. (link below) You can usually accomplish this by going to the BMV as long as the value does not exceed $65,000 under current law.
https://codes.ohio.gov/ohio-revised-code/section-2106.18
Other then the living spouse? The living spouse is 82 and may need state assistance in the future. We don't want her to get refused assistance by not selling the van for money. Her son would like the van transferred to him. She's disabled and he's living with her to help now. So can... View More
answered on Sep 13, 2021
Unless there was a TOD on file for the vehicle, then it will require probate in order to transfer the title to the van. The vehicle will be transferred to whomever is named in the Will, or whom is required under Ohio's rule of descent and distribution if there is no Will. See Section 2105.06... View More
My wife, kids, and I live in my Mother's house. She passed away in April 2021 without a will and probate hasn't been started yet. We received a letter from the Ohio Attorney General stating that she owes $74,000 for Medicaid Estate Recovery. I'm assuming they'll put a lien on... View More
answered on Sep 7, 2021
This is a very good question. If you are disabled, then you may be able to stay in the house. If not, then another option is to negotiate with Medicaid and they may take a lower amount in exchange for not having to foreclose. Either way, you should probably get an experienced attorney involved who... View More
Both parents both children and myself live in Montgomery County Ohio. It looks like we want the designation of guardian form according to revised code 2111.121 written out with 2 witnesses and a notary public. I want to know if we're on the right track.
I did try contacting the... View More
answered on Aug 12, 2021
In short, yes you're on the right track. You may want to contact the probate court clerks in Montgomery County. Each county is different, and some have specific documents for you to complete. The Court clerks can usually assist you or point you in the right direction.
Best of luck.
This question refers to a transfer on death designation affidavit created under Ohio Revised Code Section 5302.22.
My sister is a part of that estate
answered on Aug 5, 2021
It's hard to "un-sign" a waiver. So, I suggest she talk to counsel first.
answered on Jul 23, 2021
Tough to say from the generic description. The normal waivers we see are related to notice that the estate is being probated. I suggest taking the document into an attorney and having him or her review for you. Since each county probate court has their own forms that are used an attorney who... View More
She (my mother) tells everyone that it's his house ...he gives her money when he can hes an artist (tattoo):and covid has put a huge issue as business goes but he does wait on her hand and foot ....can she kick him out with no notice no nothing no eviction papers
answered on Jul 21, 2021
If the proper eviction process is not followed, then he could sue her for unlawful eviction. It sounds like she needs help. If she is not mentally competent, and she has not executed a power of attorney, then someone might need to apply to become her guardian. Use the Find a Lawyer tab to... View More
POA is in a trust. Mother is now in a nursing home in their memory unit. Trying to sell her home to be able to pay for her future nursing home bills. Actually, already have it on the market. Do I need to stop everything until this is secured from the county?
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answered on Jul 16, 2021
“POA is in a trust” does not make sense. If the house is in your mother’s name AND if the POA contains the proper authorities, the agent named in the POA can sell the house. Usually the original POA instrument itself is recorded in the local land records to prove authority.
If the... View More
answered on Jul 15, 2021
This leaves a number of questions unanswered. You should seek counsel.
Mother has recently been admitted to a memory unit of nursing home and we are trying to find out what we need to have in order to sell her home to fund the nursing home. Revocable trust exists listing me as Initial Attorney-in-Fact. Is the trust the only legal document I need to be the legal... View More
answered on Jul 14, 2021
The terms of the trust agreement specify the power and authority of the trustee to sell trust assets. A buyer's title agency will need to review the terms of the trust to confirm the authority to sell the property and will ask for an affidavit, memorandum of trust, or other confirmation.... View More
If my father passes without a will, I'm worried that I will not be able to do anything because I live in PA. His sister and i are the only remaining, close blood relatives. My aunt lives in Ohio. Would it fall to her or me?
answered on Jul 4, 2021
If he is not married and you were his only child (i.e. he had no other living or deceased children) then you are entitled to his entire probate estate, if he had no will.
However, certain assets may have passed directly to your aunt or others, if they were named on his bank account or life... View More
answered on Jun 21, 2021
There is not typically a form to complete. The statute describing the process is at Section 2107.07 of the Ohio Revised Code. That being said, I don't practice in Morrow County and they may have something for you to complete. Your best option is to call the probate court and ask. The... View More
i am 58, fully disabled and want to file for a homestead property tax reduction. i am the one that the quit claim deed removed from the home ownership.
can we file a new deed that allows us as co home ownership?
answered on Jun 16, 2021
If she is the current owner, she can sign a new deed putting you on as a co-owner.
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