I have a will that gives to the husband as a life estate, then to the daughter as a life estate, then to the granddaughter. The certificate of transfer gives to the daughter, who then conveys the land to another party. It appears that they have ignored or forgotten that the daughter would have... Read more »
answered on May 24, 2023
If the Certificate of Transfer is incorrect, then contact the attorney for the estate to file with the probate court to have it corrected. If the daughter sold the property, there could be a real estate title issue for her and the buyer to resolve. If the buyer did a title examination, that... Read more »
Left numerous voicemails and finally a call went through and the attorney answered and took my name and phone number and said they would get back to me. It has been 3 months since I have received the notice of inventory and appraisal of the estate with no further contact from the attorney or the... Read more »
answered on May 18, 2023
The case documents are available to the public on-line. So anyone can log in to see them and see what the progress is. The probate process can move slowly. The attorney for the estate represents the estate and works with the executor, and is not necessarily obligated to keep anyone else informed... Read more »
POA (stepmom) reduced mine & brothers %s by 20% each & increased hers by 40%. Dad had altzheimers & couldn’t have made the decision at the time it was changed. Poa had authority with restrictions to follow estate plan.
answered on May 8, 2023
Your attorney should be answering this question for you. That said, I would probably go ahead and take the lower percentage. Once the litigation begins, the company distributing the money may freeze the account. And, you may need the money to help pay for the costs of litigation. But, even if you... Read more »
which executor handles the jointly owned accounts? Who does the money in those accounts go to?
answered on Apr 30, 2023
A more thorough analysis would be needed. Here in Ohio, a beneficiary must survive the principal by a least 120 hours or they are viewed as having predeceased the other. As for the executor, each person has their own probate and you can have a different person for the husband/wife's case.... Read more »
which executor handles the jointly owned accounts? Who does the money in those accounts go to?
answered on Apr 29, 2023
The funds in the joint account go to the second spouse to die and administered under the will of the second to die. If the order of deaths is unknown, then you need to speak to an attorney.
Other assets are more complicated, as it depends how the wills were written and how they address... Read more »
Surviving spouse is afraid that Probate Court process is required in all death of spouse situations.
answered on Apr 27, 2023
If the real estate transfer is in the will, then probate court is required to get a Certificate of Transfer. When the transfer is by a survivorship deed or by transfer on death affidavit, probate court is not required for that transfer, but might be required if there are other transfers under the... Read more »
She does have a bank account with maybe $600 in it. I have not done anything to get access to this account. I also did not file her taxes. Looking for guidance or at least to be pointed in the right direction to a lawyer who can assist.
answered on Apr 22, 2023
If you want to try to settle her estate you likely will need to open up a probate case. The person appointed to be the administrator / executor has the legal authority to settle debts, file taxes, etc. on behalf of the estate. Keep in mind that most creditors must present their claims against the... Read more »
Ohio resident had no spouse or children. Resident's parents are deceased and has siblings. One sibling legally disclaims entire estate. Do the children of the disclaimed sibling have a legal claim or would the entire estate go to the remaining siblings of the deceased?
answered on Mar 29, 2023
Without going into a more detailed analysis, I can tell you that the heirs at law pursuant to Section 2105.06 of the Ohio Revised Code would control where the assets went. The link is below. I would encourage you to sit down with a qualified probate attorney to ensure the estate is handled... Read more »
My parents made a change to their will leaving me their home. This was signed by them and had two witnesses. My parents died a few days apart from Covid. The probate judge has had their will for over 2 years and says he never seen this. Now my attorney has to file a case law. I’ve been living in... Read more »
answered on Mar 20, 2023
Even if the will says that you get the house, and assuming the house is going through probate, the judge can force the sale if the estate has creditors or other beneficiaries with interests that cannot be resolved without selling the house. I advise you to ask the attorney whether s/he represents... Read more »
answered on Mar 7, 2023
I encourage you to sit down with a probate attorney. The first question I would ask is why are you seeking to probate the Will? What are the assets, where was the primary residence, were they set to pass through another testamentary mechanism?
At a basic level, if you are looking to find... Read more »
Hello my mother was a surviving widow and has now passed away. She died with a will, and left everything to her surviving children. Financial assets have been discovered from my dad who died prior to my mom and without a will. He had other children from (previous marriage) and not all of us... Read more »
answered on Mar 7, 2023
A family member will have to apply to the probate court to be administrator of your father's estate. The administrator of his estate will then divide the newly-found assets, first to your mother as his surviving spouse at the time of his death, and then any remainder divided between his... Read more »
My father-in-law passed away and my husband and his brother and sister don't get along with their stepmother. We received a waiver of notice from our local Ohio probate court listing the stepmother as administrix of my father-in-law's estate since he passed without a will. They don't... Read more »
answered on Mar 2, 2023
If you don't sign the waiver of notice, then the applicant must send you formal service of process to notify you of the application to administer the estate. You will get a hearing date and have the opportunity to voice your concerns to the judge.
All in all, it sounds like you may... Read more »
I'm almost positive that my inheritance was stolen along with a motorcycle and house by means of forgery/fraud since I was not present due to incarceration but I know that things don't add up at all with what he told me up until his death. Im positive a Harley title was forged out of my... Read more »
answered on Feb 10, 2023
Yes, your fiduciaries (ie your personal attorneys, accountants, stockbrokers, holders of your signed POAs) have a duty of full disclosure.
In a probate scenario, where you claim to be the sole beneficiary and other family members may have helped themselves, those other family members are... Read more »
No will was found. Need to transfer next of kin responsibilities from mother to sister. The mother is incapable to handling details and wants to pass on to daughter. We're trying to fill out forms ourselves but having difficulty understanding some of the procedures. We live in Medina, Ohio... Read more »
answered on Feb 7, 2023
OH law is different from NY law. You'll need an attorney in NY if that is where your brother lived. Use the Find a Lawyer tab to retain a local NY probate attorney who can review all the information, fill out all the NY probate documents properly, file them with the court, file any tax... Read more »
Unassisted home birth, no medical records. Baptismal records exist. More than 1 year since birth.
answered on Jan 22, 2023
Please follow the steps below to file the certificate:
Download and fill out the New Born Birth Certificate Packet
Gather required documentation. See page 1-9 of the New Born Birth Packet
Contact the Vital Statistics Registrar at (513)732-7499 to schedule an appointment to... Read more »
My great aunt signed a TOD deed on her home and my mother was the beneficiary. Later my great aunt signed another TOD deed with her neighbor as beneficiary, but then revoked the TOD deed to the neighbor several years later. Is the one to my mother still valid if it was never revoked? What if a... Read more »
answered on Dec 22, 2022
It depends on how each was worded and if they were properly executed and recorded. They would have to be reviewed by an attorney to give an accurate answer. A properly worded, executed, and recorded TOD affidavit would take precedence over a different designation in a will. Use the Find a Lawyer... Read more »
My great aunt signed a TOD deed on her home and my mother was the beneficiary. Later my great aunt signed another TOD deed with her neighbor as beneficiary, but then revoked the TOD deed to the neighbor several years later. Is the one to my mother still valid if it was never revoked? What if a... Read more »
answered on Dec 22, 2022
As a general rule, a new TOD designation affidavit revokes the old TOD designation affidavit , regardless of whether it says so on the new TOD designation affidavit or not.
Therefore, it is very possible that the property will go to the person named in the will.
Having said that,... Read more »
TN resident with all next of kin (NOK) in OH. One OH NOK passed away with a will completed/signed but unable to be witnessed. All surviving NOK were aware of this will and want to abide by their NOK wishes. TN NOK was sole beneficiary. Will OH probate accept this will as valid if all surviving... Read more »
answered on Nov 30, 2022
The will is invalid under OH law. Luckily, it seems like the family are all on the same page so the issue 'can' be resolved. I recommend finding a local attorney to help. You may need some waivers/disclaimers/deeds signed by the family. Use the Find A Lawyer tab above.
Inherit some land but has passed away. The land would have gone to my mother who also passed away. My cousin wants my siblings and myself to sign a deed gift receipt so she can own the land free and clear (she said a surveyor determined the land my father would have received and her house have been... Read more »
answered on Nov 30, 2022
If grandmother, father and mother all have passed away, and their estates were not submitted to the probate court in the county in which each lived, and because they owned real estate, then that is a big mess that will require an attorney to help sort it all out by opening the estate of each with... Read more »
will changed after many yrs and just 10 mo. prior to mothers death and mother was in a very vulnerable position with monies, travel to Dr. visits, food etc and older son had just had stroke 2 months before the will change and younger son took advantage of this.
answered on Nov 28, 2022
To open an estate, the executor named in the will should file it with the court and must give notice to all the next of kin that it has been filed, and then family members can contest the will if they have suspicions. If the named executor doesn't open the estate, any other family member can... Read more »
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