Get free answers to your Probate legal questions from lawyers in your area.
My mother passed away on April 8. Before she passed, she was taken to hospice, and my sister claimed that my mother instructed us to empty her bank account and split it evenly among the four siblings. I requested proof from my sister that the funds were split evenly, but she became upset and now... View More 
answered on Apr 20, 2025
I'm very sorry for the loss of your mother. You ask what legal steps you could take. A good starting point could be to set up a consult with an Ohio attorney who works with estates, wills, and related matters. You would have probably gotten more responses from attorneys in your state who... View More
I want to transfer my deceased parents' house into my name. The house is fully paid off, and there is no probate or disagreement among my siblings. My brother is the executor of the will. What form do we need to fill out to transfer the deed into my name without going through probate court?
answered on Apr 8, 2025
Probate can only be avoided if your parents had recorded a Transfer on Death deed or affidavit. If they did not, you have to go to probate. Depending on the time since your parents died and the local rules of the county probate court, you or your brother may be able to do a Transfer of Real... View More
What happens if a house remains in a deceased person's name when there is a will and a Transfer on Death Deed, but the heir/executor does not file it and still pays the taxes and utilities in the deceased person's name? My grandfather passed away in 2019, and my dad, who is the only child... View More
answered on Mar 21, 2025
Your best bet is to file an affidavit of confirmation along with a copy of your grandfather's death certificate with the county recorder's office. That will provide notice that the property is now titled in your dad's name. You will also need to file appropriate documents with the... View More
What happens if a house remains in a deceased person's name when there is a will and a Transfer on Death Deed, but the heir/executor does not file it and still pays the taxes and utilities in the deceased person's name? My grandfather passed away in 2019, and my dad, who is the only child... View More
answered on Mar 21, 2025
Your father needs to take the steps necessary to transfer the house from your grandfather to your father. Transferring the deed on death requires the death certificate, and affidavit to be recorded. Your father should also take the steps necessary for the lender, if any, to recognize your father... View More
My mother passed away without a will, leaving behind a house and a car, with no known debts. My sister has been residing in the home and managing the property. There are no disputes among family members regarding the estate, and we haven't initiated any legal proceedings yet. How should we... View More
answered on Mar 16, 2025
Unless your mother had beneficiaries on her house and her car, you will have to open a probate estate to distribute the assets. I suggest you contact an attorney who works in probate in the county where your mother lived. They can guide you as to the best time to file, who will need to be... View More
My father recently passed away in Ohio, and he was contacted about a settlement related to his father's land with oil rights. There was no will, and my mother has a marriage certificate as his widow. My father had children from a previous relationship, and they are claiming they should split... View More
answered on Mar 10, 2025
The actual answer is within Ohio's Statute of Descent and Distribution R.C. 2105.06 (C) states that if the person dies the property passes as follows:
"If there is a spouse and one child of the decedent or the child's lineal descendants surviving and the surviving spouse is... View More
I am the only living relative of my son, who recently passed away. He has a back pay check of $10,400 issued to "the estate of my son." There was no will, and no estate has been formally opened. He lived in Ohio, and his only asset was a car, but he had several debts. I have not filed any... View More
answered on Feb 27, 2025
Note that creditors have 6 months from the date of death to file a claim against the estate, so discuss with an attorney waiting until then to open the estate and be appointed administrator. But the back paycheck might become stale by then, so as the administrator of his estate, you'd need to... View More
My father died 5 years ago, and my mother never had his name removed from the deed to their house. My mom has just passed away. Their joint will directs their wishes, but the deed still has both of their names on it. They both passed away in Ohio. We are unsure about survivorship details on the... View More
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answered on Feb 27, 2025
If there is survivorship language, then no. You can simply file an affidavit of surviving spouse with the recorder's office. This answer does not affect any other property that might have been in his name, which may still need to be probated.
I am facing a situation involving potential death certificate fraud. After my husband passed away, I was not contacted by the hospital because his children informed them there was no living spouse. I suspect there may be two death certificates, as he was already at the funeral home before I was... View More
answered on Feb 18, 2025
The idea of two (2) death certificates should be resolved fairly easily by requesting a certified copy of his death certificate from Vital Statistics.
As the surviving spouse you have rights to receive certain assets from the Estate. Any claim the children have should be addressed through... View More
answered on Nov 11, 2024
If you mother-in-law left a surviving spouse, then they can go to the title office and give it to whomever they want. If that is not the case, then you may need to file a release from administration at the probate court. A number of factors can influence this, so I can't go any further.... View More
I would like to buy the property from my uncle but need to know what to do to get my mother's name off of the deed or how to move forward
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answered on Nov 8, 2024
If you mother was unmarried, and you are her only child, then you can file an affidavit for transfer and record of real estate inherited. This will transfer her interest to you. Here is a model ford for cuyahoga. You will need a county specific form for wherever the property is located.... View More
So my mom and aunt inherited his share of the house and his belongings like a new car and other things of value. The house nor his car had not yet been sold when my mom died in June without a will. So my question are me and my siblings legally entitled to her share of the house and of my uncles... View More
answered on Oct 1, 2024
Yes, you and your siblings could be entitled to something of your mother's estate, depending on whether she has a surviving spouse. Use the Find a Lawyer tab to retain a local probate attorney to review the situation and advise you how best to proceed to sort out the estates for both your... View More
i’m in medina county ohio and want to know how as a minor i can change my name to align with my gender identity. will i have to go to court and talk to a judge, do i have to do a backrounf check, can passing that make it so i dont have to do a. court hearing? stuff like that
answered on Sep 30, 2024
Good question! Here's a link to the packet you would need to fill out in Medina County (for reference only) and it does contain some requirements. Looks like the parents must be notified at a minimum and may appear at the hearing to object. Good luck!... View More
My grandmother died in July and her assets were in a trust. I believe that my father, who died three years ago, is a beneficiary of the trust and I would be a successor beneficiary and may be entitled to his share.
The problem is that, despite multiple requests, the trustee has not provided... View More
answered on Sep 30, 2024
Beneficiaries are entitled to a copy of the trust instrument, among other things, under Ohio law. If you are having a difficult time with the trustee, then you need to be proactive. This is a common story and the longer you wait the more likely you are to end up with nothing. I recommend getting an... View More
My mother recently died in Lawrence County Ohio. She has 2 children, myself, a 44 year old Kentucky resident, and my sister, a 49 year old West Virginia resident. Her estate only consists of a 2009 Honda Civic, no other assets, no owed debts. What is our best course of action since neither of us... View More
answered on Sep 24, 2024
It sounds like the estate may qualify for a simplified proceeding to handle the vehicle. Unfortunately, a Court process is still involved. Depending on what estate documents are in place you may need to retain local counsel to handle the matter for you.
I recommend setting up a... View More
Her house and vehicles had a TOD, bank account was joint with someone else. Her will states that things are to be split equally between the children. Are the house, vehicles and bank account exempt from the will and having to be split? Does her will need to be filed in probate for the contents... View More
answered on Sep 3, 2024
Assets that have proper TOD designations are not probate assets. Personal property and other accounts or items without TOD could require her estate to be opened to transfer those items. Use the Find a Lawyer tab to consult a local probate attorney who can review the assets with you and advise you... View More
answered on Aug 28, 2024
If he had no will, then someone, usually a family member, must file with the Probate Court to open his estate to legally distribute his car and any other assets to his legal heirs after payment of debts for which proper claims are filed. Use the Find a Lawyer tab to consult a local probate... View More
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answered on Jul 9, 2024
Obviously there is no will. But you should consult with an OH attorney to see if probate administration is necessary or not. There are alot of considerations and expenses, and if the assets are not substantial, probate should be avoided.
My little sister moved to Ohio and got married and has been separated from her husband for over 5 years and now her husband is incarserated and has been for 8 years They have a son that is 16 She just recently was in a car wreck that took her life ..and now for next of kin with him in prison should... View More
answered on May 20, 2024
Those who paid for her funeral may get reimbursed if they submit a claim before the deadline. But, I'm not aware of an exception to inheritance for incarcerated persons. As such, he will likely be entitled to his share of her estate. The husband should name somebody as power of attorney to act... View More
In Mom's Will, there is no mention of her mortgage or who inherits the house. Neither child wants it. Small, inexpensive estate and we can't find anything on life insurance. Who pays mortgage? Can I as executor sell it? Am I legally still required to pay on the house until it is sold?... View More
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answered on Apr 22, 2024
I'm so sorry for your loss. Dealing with a parent's estate can be complicated, especially when there are outstanding debts like a mortgage. Here's some general information, but I would strongly recommend consulting with a probate attorney in Ohio to get specific legal advice for your... View More
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