Get free answers to your Probate legal questions from lawyers in your area.
If my brother only had money in a bank account, do I check the first box about "The delivery to the applicant of decedent's personal property set forth in the application with the title to that property."? And if so, what title are they talking about? There is no title to money in... View More 
answered on Apr 6, 2020
They are referencing tangible personal property such as household items and his vehicle.
His bank account is listed at the bottom of Form 5.6 where the Entry provides instructions to financial institutions.
My dad passed suddenly. He had life insurance and several pensions for my mother. He had no will. His car was surrendered and the remaining wiped. His student loans forgiven. I took care of all of this. He has simple credit card debt. The house is a survivorship deed and we have a small town... View More
answered on Mar 24, 2020
You are required to provide notice in a publication of general circulation in the county in which the estate is being administered. You would only do this for heirs that you cannot locate, as their is no obligation to notify most creditors.
My Aunt wants to sell the house that my Mom lives in ASAP. She wants to evict her and sell my grandmother's house. I have inquired about this and still have more questions about it. I know from my inquiry, that the will hasn't been processed in Probate Court and the house is still in my... View More
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answered on Mar 12, 2020
No title insurance company will insure such a sale from a dead person. The house needs to be retitled into the names of the lawful heirs. That retitling process is called probate.
mom made me move in with my sister, mom lives in different town, can I call his will attorney and verify new number?
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answered on Mar 9, 2020
The attorney handling the probate of your grandfather’s estate is going to need your new mailing address, yes.
answered on Mar 2, 2020
A family member, typically one of her children, will have to file with the probate court to open her estate, be appointed administrator of the estate, and distribute the property according to law among her spouse, if any, and children. Use the Find a Lawyer tab to retain a local probate attorney... View More
The son has the Will but is insisting there isn’t one because he doesn’t want one of his sister’s to receive anything. This sister has a copy of the will and names the son the executor with all remaining assets from estate, once everything has been paid to be divided equally amongst the 3... View More
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answered on Feb 28, 2020
First, hire a probate attorney in the vicinity of where the decedent had lived. The attorney can help you petition the court to order the person holding the will to turn it over to the court. The attorney might start by sending that person a stern letter explaining to him the consequences of his... View More
3 surviving children. No will. need to remove her name. House owned Free and Clear. She has no creditors and no other assets.
answered on Feb 25, 2020
If you house it titled as joint tenants with rights of survivorship you don't need to probate the house. Check your deed to see if it has the words, "for their joint live with the remainder to the survivor of them." If the deed has that phrase, you can remove her name with an... View More
I am the sole heiress, currently POA, his caregiver and will be executor. There is a mortgage and an equity loan not in my name but my parents. My mother is dead. Dad is alive by very sick. Both of their names are joint owners on the house title and the mortgage and equity loan. He has a registered... View More
answered on Feb 18, 2020
You need to go see an attorney. You need to verify the house was joint with survivorship between your parents so it can be transferred out of your mom's name and into your father's name. If the house is not in survivorship between your parents you have a lot issues to work through. If... View More
If we file a partition lawsuit- it has been 2 years, and he refuses to start probate, and is threatening to litigate us to death. He has also said that if we start a partition- and the property goes to auction, he will have a buddy buy it out cheap and cheat us. We would like to file to become... View More
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answered on Feb 16, 2020
This warrants a complaint to the Ohio State Bar. Here is information on how to file a grievance:
https://www.supremecourt.ohio.gov/DisciplinarySys/odc/complaint.asp
Don't threaten to file a grievance. Just do it.
My mother passed in January. We desperately need to sell our other property, but my mother's name is the only one on the deed. My father's name is on the land contract and they were married when my mother passed. I do not know if that works in our favor.
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answered on Feb 12, 2020
Probate is the process that is used to change the title to property held in a decedent's name. You need to contact a probate attorney near where your mother passed to help you take care of this.
Looking for legal advice concerning my family rights. Situation as follows.
Younger sibling has medical and financial power of attorney for my mother.Sibling refuses to divulge financial information concerning investment portfolio,IRA and other current assets as well as a copy of the last... View More
answered on Feb 11, 2020
Your sibling is under absolutely no legal obligation to share any financial information with you regarding your mother's assets if she is still living.
As far as the will, the same is true. However, if your mother has passed or does pass, then as a lineal descendant you would have... View More
My aunt passed in 2017 in NJ I live in Ohio and was the executor to the estate. She did not have any assets other than a trailer that was sold and used to pay bills. 3 years later I get a bill from the NJ treasurers for an inheritance tax of 300k plus penalty and late fees. I didn’t receive an... View More
answered on Feb 10, 2020
You probably need to talk to an attorney. This could be a scam or a mistake. If its a mistake, then you need to make sure you take care of it before the IRS begins to collect on your assets.
answered on Feb 4, 2020
With no will, and if she was not married at her death, then her estate will be divided equally among her 4 children. If she owned her house, her 4 children will be 4 co-owners. You do not have any greater right to the house or to live in it, than any of her other children. Each of you will own a... View More
answered on Jan 28, 2020
Talk to your probation officer, parents, teacher, school counselor, and other trusted adults about what might happen if you do that.
answered on Jan 10, 2020
If you both are named on the account, you should be able to. But if you are acting under a Power of Attorney, it expires at death. Check with the bank.
I think my husband's brother stole from his siblings. He never filed the death cert or probated the will. We paid for a chunk of the funeral and for his sister and her 2 kids to fly in which was supposed to be paid back to us out of the estate. They also found bars of silver in the house... View More
answered on Jan 10, 2020
A will merely nominates someone to be the executor. That person must file the will with the probate court and have the court appoint that person as the executor. Until that happens, there is no executor. If the person named in the will doesn't do it, then any other family member can file... View More
in april 2015 a month before my uncle died 3 home health care workers liquidated assets of my Uncles house worth 700,000 dollars .. sold it for 5000000 .. They were actively disposing of his assets before he died ... My uncle had alzheimer's ..his cause of death on the death certificate says... View More
answered on Dec 16, 2019
This is the kind of question that cannot be answered quickly and easily over this form of medium. Your uncle's heirs should call an attorney to discuss.
My father passed away last year and in his will he left his house to his brother. Now his brother has passed away and the house is still in my father's name. I have 2 sisters and we are trying to figure out if the house is now our responsibility since the house hasn't been put in our... View More
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answered on Dec 10, 2019
There is no way to answer your question without reviewing your father's will and knowing how much time passed between your father's death and your uncle's death. The will might or might not contain a survivorship requirement and, if your uncle survived long enough, then the house... View More
Only asset is House
answered on Dec 9, 2019
The auditor lists the "taxable" value of property at 35% of the market value, because real estate taxes are based on that taxable value, not the market value. If the market value is $112K and there is an $80K mortgage, then there is $32K of equity for the heirs to share. Use the Find a... View More
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