Get free answers to your Probate legal questions from lawyers in your area.
answered on Oct 30, 2020
The rights of the deceased in the land contract will be part of the assets of the estate, to be handled as specified in the will, even if not specifically mentioned. Use the Find a Lawyer tab to consult a local probate attorney who can review the will to advise what happens to the land contract.
my situation is now that i’m older i’m trying to get the title of my grandfather’s classic car to restore it. problem is we have possession of the vehicle but no title. probate court was closed in 2010 any help would be great state ohio
answered on Oct 25, 2020
You will need to file an application in probate court to re-open the estate and transfer the vehicle. It is not at all unusual for an asset to be forgotten and not included on the inventory and account. If all the beneficiaries are still living, it is pretty routine. It can be a bit more of... View More 
The mortgage loan is upside down/exceeds the value of the house by about $32,000 so no one (his adult children or siblings) wishes to purchase the house for the amount owed on the loan. We just found will and I (Sister) am named executor. Does ex-wife have any say so about his estate selling... View More
answered on Oct 9, 2020
She could be responsible. It depends on the terms of the divorce. If the terms of the divorce required him to be responsible for the repayment or refinance, then his estate is liable to pay it. Otherwise both she and his estate are liable to pay it. HIs executor should use the Find a Lawyer tab... View More
I don’t have a copy of the updated will but I was at his home when a lawyer came to the house to update it for him. He looked me in my eyes and said “I don’t want to leave you with nothing.” He had substantial means. I obtained a copy of the will filed in probate court and it’s from the... View More
answered on Sep 24, 2020
You'll have to contact a TN probate attorney in the county where the probate court that handled his case located. The lawyer can review all the facts and advise you. You'd probably have to be able to find the updated will to be able to have any basis to proceed. Use the Find a Lawyer... View More
My dad died with only a small bank account ($10,000) with a POD account which is now on hold until death certificate. There will be a refund from a preneed funeral account and a refund of rent from his assisted living facility. Since both were paid out of the POD bank account and that is the only... View More
answered on Sep 24, 2020
This is why no one should try DIY administration. Hopefully you have not exposed the estate assets to creditors by paying bills from his POD account prior to transferring it to your name. Estate assets can be protected from creditors (except funeral bills) by waiting 6 months to open estate, but... View More
My father died unexpectedly last year. My mother immediately got rid of all of his documents and computer. She swears that he did not have a will. She refused to post an obituary for him in newspapers, etc. My two siblings and I found 3 signed checks written out to us from my father in his desk... View More
answered on Sep 22, 2020
You would have to try to find the lawyer that might have prepared his will, and then hope the lawyer retained the original. A copy of the will might work, but maybe not. But if you don't know where to start looking for the attorney, it might be impossible to find out. It might be too late... View More
She finally freed herself, to late. Intestate, son in prison for drugs only after jail for breaking protection order from mother. Daughter I pink slipped, became to violent, has a guardian , is in a home. She broke all ties prior to illness, both very abusive. She refused to tell them anything or... View More
answered on Sep 21, 2020
The transfer on death deed does not transfer contents, only the house itself. The contents belong to the estate. After 3 years, it is unlikely that the heirs would make any claim if you sold the things, or had them hauled away. But they could. Talk to the attorney who prepared the TOD deed.
Besides myself i have one sibling. How do we start a probate or who do we need to contact. And can we still live in the house while its in probate?
answered on Sep 15, 2020
You can still live in the house. But check if they had an attorney who did their estate planning, wills, trusts, survivorship deeds, transfer on death affidavits, payable on death designations on bank accounts, etc. If not, then you can check your local court web site for the forms and probate... View More
building wont let me in his apartment. He was divorced, I'm his only child. I have paid for his cremation, even have a letter from the funeral home stating this. I am only in the state for a few days. How am I able to get access to his place so I can get any documents ,pictures and his... View More
answered on Sep 2, 2020
Only an executor or administrator appointed by the probate court would have legal authority to enter the apartment. The manager would have to let that person in, but nobody else. Use the Find a Lawyer tab to retain a local probate attorney to review the situation and advise you before the manager... View More
My mom died a year ago. Previously, she made me an executor on her will and told me where it was but when she was killed we never could locate it and her financial advisor didn't have a copy. We were able to resolve all her accounts and policies without probate (we believed). Yesterday, we... View More
answered on Aug 31, 2020
Yes, you should contact a local Ohio probate attorney in the county where she lived to assist you. You can use the Find a Lawyer tab. Depending on the amount involved, if it doesn't go through probate, the credit union will eventually send it to Ohio Unclaimed Funds. You could then claim it... View More
anything can be gone thru? My mom passed on August 3, 2020 and my dad passed on August 15, 2020
answered on Aug 19, 2020
First sorry for your loss of parents. If there is a will it will name an executor. That executor will have power granted by the probate court in the proper jurisdiction. This takes a couple weeks at its fastest pace to get the power granted. Once granted the executor can go forward with... View More
She lived there with him for 5 years and I still receive mail there and he’s denying access
answered on Aug 18, 2020
It depends on who owns it. If she owned it, file to open her estate, and the person appointed executor or administrator can take action. If she was a tenant, talk to the landlord or the executor or administrator can talk to landlord or take action. If boyfriend owns it or is the tenant, then you... View More
My father passed 2018. His companion lived there until she passed 7-28-20. One piece of land has a building, she was left with rights of survivorship. The other piece had the house, it wasn't left to anybody. Her son moved straight in after her death. Does he have the right to live there?
answered on Aug 13, 2020
Her survivorship rights terminated at her death. Her son has no right to be there. The executor or administrator for your dad's estate, will have to evict her. If the property was not left to anyone because he didn't have a will, use the Find a Lawyer tab to retain a local probate attorney.
An asbestos claim during the time he was alive, and they mentioned that I was next of kin, I was just wondering how can I be next of kin when his wife and 2 of his 5 children are alive still. Kinda puzzled me so I wanted to ask this question
answered on Aug 13, 2020
His widow, his children, and children of any of his deceased children, i.e. his grandchildren, are next of kin who could be entitled to a payment. The next of kin can use the Find a Lawyer to to get an attorney to review the proposed settlement, and submit verification of next of kin.
My sister passed away, at the age of 49. She named a beneficiary on her life insurance but not 401k or pension (at least not online-looking for a paper copy). The estate has to be split between my mom and dad. My dad left 46 years ago (my sister was 4) and never looked back. He never paid a... View More
answered on Aug 11, 2020
The probate court must determine the distribution of an estate according to the will or Ohio law. If your sister did not execute a will, that is unfortunate, because Ohio law distributes the estate to parents if she had no children. Use the Find a Lawyer tab to retain a local probate attorney to... View More
I just want to make sure that when the time comes i dont run into any problems or delays. Both he and I want to make sure we have any paperwork needed in place to avoid issues.
answered on Aug 8, 2020
You and he can do an affidavit to transfer title upon his death, then it will be automatic.
do that
answered on Aug 6, 2020
Legally, she is not entitled to any of his property, unless he had a will that left things to her. But -- unless immediate action is taken by family members of the deceased in such a situation, someone with access to the deceased's property can often take it. Once it's gone, it can be... View More
My brother lied to us about what's in my aunt will, but it didn't require probate.
My aunt passed Nov. 2019. My brother is the executor & mad at me. I need to know when he has to be done. She left me 10k, jewelry, books, etc.
I ordered a copy of the will. Its public... View More
answered on Aug 3, 2020
Don't rely on what your brother tells you. If he did not file and open her estate with the probate court, then the court has not appointed him or anyone else to be the executor. A will merely nominates a person to be executor, but the court must act to appoint the executor. So your brother... View More
One of my siblings had been living there rent-free and is not actively trying to vacate the home. What are my options
answered on Jul 14, 2020
If you have opened the estate with the probate court, and if you have a letter of authority issued by the probate court appointing you as executor, then you have the legal right to require the sibling to pay rent. Or you can evict the sibling and otherwise deal with the property as provided in... View More
My sister's and I have agreed that I get the car worth around $2300 and the split the remaining money left from the insurance after funeral expenses $5000. The funeral cost $ 5000. This is in Kentucky
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 2, 2020
I would repost this question under Kentucky law and not Ohio.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
