A relief from administration is filed when the estate is small. You can file a claim with the estate, or If the probate court holds a hearing, you can attend that. Call the court to find out the status and any scheduled hearing. Use the Find a Lawyer tab to retain a local attorney to review the...Read more »
My Aunt's boyfriend of 20 years passed suddenly. They had finally decided to get married after all this time. My Aunt has cared for ailing family members for a long time and that being the reason they hadn't done it yet. Her boyfriend was extremely organized and responsible and had a will... Read more »
If there is no will, then your aunt has no legal claim to his estate, unless she can claim reimbursement for any expenses she paid on his behalf or if there is any personal property that they owned jointly. A friend or caregiver has no legal status without a will directing that they receive...Read more »
What do I need to do legally to access the safe deposit box of my mother, who lived and died in New York, but apparently still has a safe deposit box in her name in Ohio? She died 15 years ago, I am only surviving family member. There was no will and no assets beyond funeral expenses.
You may have to open probate in New York to get an executor appointed who would have authority to go to the bank and remove the assets. If you just want to find out whether anything is in the safe deposit box, then Ohio has a mechanism to allow access for the purposes of creating an inventory of...Read more »
My husband and I have had full custody of his 13 year old son for over 10 years now. Mom has since had another child who is now 6 years old which custody was given to her mother who has since passed away. The child is now back in her mothers care but need to know how to help grandma/ myself get... Read more »
If the child is not going to be placed with child services because of the mother's drug use, then you or the grandmother can file a private custody action in Juvenile court. You or her will need to prove 1) that the mother is unfit and 2) that putting the child in the care of a non-parent is...Read more »
I have been living with my grandmother for the last year as her caregiver. Her will left everything to one of my two uncles, but he doesn't want anything because he receives social security and doesn't want to jeopardize it. My uncle who is trying to kick me out and sell the condo... Read more »
You could file a claim against her estate within 6 months of the date of death for payment as a caregiver if you had an agreement to receive payment. Otherwise, your uncle now owns the condo and has the right to sell it.
You may have to go to probate whether or not there is a will. Probate property is that property which does not have a beneficiary or a joint owner, and is not in trust. For example, IRAs often have beneficiaries. If the beneficiaries are living, the IRA would transfer without probate. Married...Read more »
You will need to file a Report of Newly Discovered Assets. Some counties provide a form, while you may have to make up the form for other counties. If your county has a form, it would be available online at the court website.
It depends on the court. Some courts will allow you to file a "Newly Discovered Assets" form. Others may make you amend the inventory. The clerk should be able to tell you what their requirements are for new assets.
My sister passed and her husband passed years ago as well. She has 2 daughters that are 7 and 9. Can my brother be the fiduciary from out of state. Also, would the executor also be responsible for the deceased SS benefits for the kids?
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.
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.
For the final accounting, on one hand the court told me I cannot spend any more money once the ward has passed. On the other hand I was told to take my fees and get rid of all the money in her guardian account. I feel my hands are tied and I can’t figure out how to do this final accounting. There... Read more »
The probate court must approve expenditures, fees, and the final accounting. A local probate attorney can help you finalize the estate. If not done properly, you could be held financially liable for any errors. Use the Find a Lawyer tab to retain a local probate attorney.
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... Read more »
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...Read more »
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...Read 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... Read more »
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...Read more »
The short answer is maybe. The law changed in 2017 and may afford you ways to transfer title to these motor vehicles without probate. In order to determine you options you would need to sit down with a qualified lawyer near you to discuss.
potential problem of one sibling/beneficiary. This was to be a simple summary, but brother here in Ohio likes the court scene with over 59 cases and will argue anything, true or not. It is costing me more and I may need to drop out mainly attorney fees are now $295.hr. shared this with the... Read more »
You have an attorney, so a lot of these questions should go to him or a different florida counsel. In Ohio, it is likely that his objections would be overruled by the probate court as unfounded, especially if there are no assets.
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