Get free answers to your Estate Planning legal questions from lawyers in your area.
Taxes. He counties to run company. They have a business bank account that he was on originally she was added to later. Bank says they are both equals on that account. Does he have rights to that money after she passes and business becomes shut down.
answered on Jun 15, 2021
Additional facts are needed to answer this question. Much depends on how the bank account was set up. Who is the actual owner, who are the authorized users? Are there survivorship rights (if applicable), what do the company documents say? (articles of incorporation or Operating Agreement for a... View More 
This all came up sudden but my mom has stage 4 lung cancer with Mets. I am her only living relative. From a legal aspect what do I need to start doing to get her affairs in order? I am very new to this and not sure what to do. She does have a will with me as executive. She does not have a... View More
answered on Jun 8, 2021
You should contact an attorney who can help you set up a financial Power of Attorney and a Healthcare Power of Attorney.
That way, you can manage her affairs while she is alive.
A will only takes effect upon death.
My dad just died on the 23rd of this month.. He left me his house and called his attorney to put it in the paper work.. My mother left him.15 yrs ago n now sleeps with and lives with another man..my dad really didnt want her to have anything.. The last 2 yrs of his life im all he had.. My husband... View More
answered on May 27, 2021
If your father did not complete the paperwork to transfer the house to you, then as his spouse, your mother could inherit the house. She could file to handle his estate in probate, and could evict you and your husband. Talk to your father's attorney to find out what paperwork there is, or... View More
We told them she was gone and there was no estate of and sent check back but now we have it back again.
answered on May 25, 2021
If you paid for her funeral, you can apply to the probate court using a Summary Release from Administration form to have the court authorize you to cash the check.
Otherwise, you will need to file a Release from Administration with the court, which will require more work.
My son is still living in the house we had it up for sale and his daughter wants us out and take it from me can she do that
answered on May 24, 2021
If he did not have a will giving you the house, or if you are not a joint owner on the deed, or if he did not record a transfer deed or affidavit for the house giving it to you, then the house would likely pass to his spouse or children according to Ohio law. The heirs can file to open his estate... View More
answered on May 23, 2021
If another sibling is on the the deed, then that sibling has control of the house, including the right to occupy the house. If there are multiple names on the deed, then those same multiple people also have shared control of the house and shared right to occupy the house.
However, the... View More
Would I need an attorney for these documents? What type of documents would uphold in court? How can I avoid guardianship going to my daughters father who has a long history of domestic violence towards myself and another female?
answered on May 13, 2021
Your will can nominate who you want to be guardian of your children. But the probate court appoints the guardian.
The will gets submitted to the probate court. The court holds a hearing to determine guardianship and determines who will be the guardian based on all the testimony and... View More
He owned a house with my stepmother and both of were on the mortgage, there is no will he has 3 children and she has 6 children.
answered on May 11, 2021
It depends on how title was held for the property in question. If they were joint owners with rights of survivorship, then the stepmother gets the property. If not, you're stuck going through probate. Without a Will the Ohio Revised code dictates who gets what. (O.R.C. 2105.06)... View More
He has a copy of the will leaving the home to him. Can we use that to start the eviction process on the tenants? They are nice ppl and have lived there a few years. We gave them 3 mths but at the end of the 3 mths we dont want to have to wait another couple mths to evict if they dont move. We are... View More
answered on May 10, 2021
It's easy to transfer the property out of the decedent's name and into the names of the heirs. Then, you won't have any issues with the probate court when you file eviction. Generally, unless a will says otherwise, an administrator (executor) needs special permission from the court... View More
Hello,
I have recently entered into an agreement through the courts in Ohio to allow for the other Beneficiary of a house that was left to me in an Estate to buy me out. This person continues to live in the house. The judgment was signed by the judge on April 1st, this year, 2021. The... View More
answered on May 4, 2021
Check the court order for timing of payments. Then talk to the other beneficiary or the attorney to work it out, or use the Find a Lawyer tab to retain a local attorney to assist you.
He came on home and took GUNS knifes and other items said he had a verbal agrement with my dad but the will doesnt say that can he do that
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answered on Apr 18, 2021
A COURT-appointed executor is entitled to gather up estate assets, but he or she must then distribute them according to the will. If that is not happening, then you need to hire a probate attorney to help you hold the executor accountable. if your brother has not yet been appointed by the court to... View More
State is ohio and she has quick claimed the deed to him now
My stepmom is terminally ill, has treated me and my brother poorly our whole life, has been transferring my dads items into their names over the years. My dad committed suicide and it’s still under investigation, not sure if he really did it, my stepsister and boyfriend found him. Cops didn’t... View More
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answered on Apr 11, 2021
If your dad had no will, then you stand very good share of inheriting a portion of his estate. You should hire a local probate attorney to help you assert your right of inheritance.
My brother is the executor and my stepmother is POA. My father has dementia and my stepmother is unwell physically. My stepmother is refusing to give me end of life decisions or preplanned funeral information on my father. She states it is none of my business or it has nothing to do with me. Do I... View More
answered on Mar 31, 2021
These are all good questions. In short, you only have the "rights" your father chooses to give you. Has your father been adjudicated mentally incompetent, or does he still have the ability to manage things for himself. In Ohio, there is something known as a Declaration of Disposition... View More
Mother in law passed. She had her bank as her personal representative. She also had them in her will. The bank is now saying that once she passed, the personal representative goes away. The bank states they will handle everything, but they want $1,500.00 for the bank and their attorney to handle... View More
answered on Mar 25, 2021
A family member will have to file her will with the probate court and apply to be executor to administer her estate to get access to the funds. Use the Find a Lawyer tab to retain a local probate attorney who can review her will and the facts of the situation, and advise you what to do. The... View More
answered on Mar 15, 2021
Beneficiaries do not "have" to sign anything in Ohio. But, if the accounting says that you are getting a distribution, then you should expect one. You may want to talk to an attorney if the final account was filed a while ago; maybe even the estate's attorney. Typically, the... View More
answered on Mar 15, 2021
A person named to be executor in a will, must file the will in the probate court in the county where the deceased was a resident or where the deceased died, and must apply to the court to be legally appointed as executor. After the court appoints the executor, the executor then must file an... View More
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answered on Mar 12, 2021
You don't have to physically go there, but you do have to open up a probate case in the county where your dad either resided or passed away. Contact a probate lawyer in that county who can act as an administrator of the estate to ensure you are distributed your inheritance.
In 92 my dad got sick at another woman's home he had been cheating on his girlfriend with. His girlfriend in anger gave away or sold the things he treasured most. At the time I didn't know she had no right to give them away or sell them. The items were a 57 Cadillac eldorado convertible... View More
answered on Mar 8, 2021
In theory...maybe. Practically speaking, this is going to be very difficult to do. You'll want a lawyer on this.
This information is in the trust. Is this even legal?
If the acting Trustee hereunder is either JOHN DOE or JANE DOE, then the beneficiaries hereunder shall have no claim against them, except for acts of intentional harm. If a claim is made, or complaint filed against JOHN DOE or JANE DOE,... View More
answered on Mar 8, 2021
I'm not sure what you're asking. You should probably call an attorney in your area.
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