Get free answers to your Probate legal questions from lawyers in your area.
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
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.
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.
deliver to her. She said she will call police and say I stole it. This is crazy. Can I charge for storage?
answered on Apr 7, 2021
I'm sorry, it's unclear as to what exactly is going on in your situation. A power of attorney gives authority for your named agent to take action on your behalf when the preliminary conditions have been satisfied. It does not change or alter the legal rights or responsibilities of the... View More
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
the house is not in foreclosure
answered on Mar 19, 2021
The answer depends on a number of additional factors. What is your relation to the deceased? Is there a Will? Are there outstanding debts owed by the deceased? Are you a named beneficiary or heir? There is a specific procedure for land sales in the probate process. If, and how you can acquire... 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.
My uncle passed in early 2015, divorced for decades with no children and no will. The only direct relatives left are a few cousins, of which I am one. The estate went to probate during that same year with all his assets liquidated to pay outstanding debts. The city took ownership of the house... View More
answered on Mar 5, 2021
If its already been to probate, then it probably doesn't need to go again. This could be unclaimed funds. But, a court may still be needed to order who the funds are distributed to. This can get complicated. I suggest getting an attorney. If the statements are legit, you can certainly... View More
She passed away suddenly and I have the paperwork printed out, but need to know the easiest route to close her bank account, and switch the title to her truck into my name.
answered on Mar 3, 2021
I am sorry for your loss. If your mother's name was the only one on the bank account and the truck, you will need to open a probate estate. There are 3 different sizes of estates, based on the value of the probate assets. You should check the website of the probate court of the county where... View More
There were 2 properties listed in probate. A house and 5 acres of empty land. The house sold and the buyer paid and it closed on February 12, 2020. The 5 acres of empty land still needs to be sold, property taxes are $400 per year and that has already been paid for 2020. There are no other expenses... View More
answered on Feb 24, 2021
The short answer is that you may not be able to get the proceeds right now. Probate can be a long complex process lasting multiple years if issues arise. Proceeds from the sale of the real estate will be subject to claims against your father's entire estate and is not just limited to... View More
Over his estate does the mean she becomes the beneficiary or am I entitled to it
answered on Feb 23, 2021
I'm sorry, your question seems to have been chopped up a bit. You may need to sit down with an attorney as there are some critical factors missing. What type of policy was he the beneficiary of? Did he ever receive any benefit from the policy? Power of attorney is not the same as being the... View More
Both were on title. Mom was never probated. Mom had a very old will that was not updating leaving the house to dad than me. Dad is very sick and might die soon. I live in this property full-time as a caregiver and POA. We live in Ohio. Mom's debts were all paid off. Dad's estate may or... View More
answered on Feb 21, 2021
If the deed was held as "joint owners with rights of survivorship" then only one probate is needed. Otherwise, two probates are needed.
My dad signed a 2 year business lease on 1-19-2021. He passed away 1-31-2021. He leased for 30 years from the landlord, was never late with his payment and now the landlord wants my mom to pay him a year's worth of rent to end the lease. She was never on the lease. They were married for 60... View More
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answered on Feb 16, 2021
If your mom is not a guarantor or co-signer then she has no liability to the landlord and should not pay anything.
She had 3 sons and two daughters. My grandfather was one. He died and it went to his wife, my grandmother then to her children, two aunts gave me their share. I only need to prove heirship to my great grandmother I have the rest. Thank you
answered on Feb 16, 2021
Who are you trying to prove heirship to? In Ohio determination of heirship is governed by Chapter 2123 of the Ohio revised Code. An action would need to be filed with the probate court to initiate those proceedings. It also may depend on what assets you are seeking to obtain. Assets that pass... View More
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answered on Feb 16, 2021
The bank beneficiary designation will govern and that money will not go through probate.
They havent been together for years and i was juss wondering what i do about the account he put in his will that i get 100% of his belongings juss wanna kno wat i have to do
answered on Feb 15, 2021
Good illustration of why beneficiary designations should be reviewed and updated frequently. The bank account beneficiary designation requires the bank to disburse that money to the beneficiary. That money is not part of his probate estate, so it is not controlled by his will. It goes to the old... View More
answered on Feb 9, 2021
The short answer is maybe. If the checking account was jointly owned with rights of survivorship it will not need to go through probate in order for the account to be transferred into your name. The other thing to keep in mind is that creditors have 6 months from the date of passing to present a... View More
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