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The will excludes her by name. She says dad told her that she would be taken care of. She claims she is getting an attorney. He has passed away.
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answered on Feb 14, 2024
Yes. Most wills include provisions that disinherit anyone contesting a will. In this case, she is already disinherited, so there is no downside to her contesting the will.
On the other hand, will contests are HARD. It is very difficult to prove either undue influence or lack of capacity,... View More 
The will excludes her by name. She says dad told her that she would be taken care of. She claims she is getting an attorney. He has passed away.
answered on Feb 14, 2024
Assuming your father is still alive, he could communicate with her his wishes and this would reduce the risk of litigation. He could also initiate ante-mortem probate to make sure the will gets admitted while he's alive. If she's getting an attorney, then you probably need to speak to one as well.
His will splits his estate 50-50 between my sister and myself. I have financial POA.
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answered on Feb 9, 2024
A will absolutely does not avoid probate. Rather, it guarantees probate. Avoidance of probate requires a different technique such as a trust or a transfer on death designation/document. An estate planning attorney can help you choose the best probate-avoidance technique for you.
answered on Jan 11, 2024
It's difficult for an attorney answering this question to know what "very little" means. Assuming we are talking less than a couple $1000, the family could file for an administrative relief from probate / summary administration. If the assets are even less than 1000 the family may... View More
The will states any money in the bank or deposits on hold shall be divided.
answered on Dec 25, 2023
The issue here is whether the "executor on the bank account" is named as the beneficiary or a co-owner of the account. Bank accounts can have more than one owner and / or can be named in trust for (ITF) another individual, the beneficiary. If the executor also happens to be the co-owner... View More
The will states any money in the bank or deposits on hold shall be divided.
answered on Dec 18, 2023
"on the bank account" is a bit vague. If the person named as executor was a beneficiary or a joint owner of the account, then that money is theirs, it's not subject to probate or the will, and they don't have any obligation to share it. If the executor has a bank account titled... View More
My father in law passed away recently without a living will and my husband is next of kin, but his father was living with his niece at the time of death who will not contact us. We are trying to get his affairs in order and My husband was wondering if he was aloud to collect his fathers things from... View More
answered on Dec 13, 2023
Your husband will need to open an estate administration case in probate court to exercise his rights regarding his father's estate. His cousin (the father's niece) has a right to keep people out of her apartment. Thus the only way to force her to do anything will be to get an order... View More
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answered on Dec 11, 2023
You need to take care that both (a) the vehicles are insured as assets of the estate, and (b) you are driving them consistent with your duties as a fiduciary. If you are driving them to drop them off at a dealer for sale or you are driving them to and from a repair shop to be repaired to fix them... View More
We are in Ohio. He was a single man with no spouse to pass his real estate and property to. I am told there is a Will, but as far as I can tell there is not a survivorship affidavit on file. He is listed as sole owner of his house (with a mortgage), and I am told his youngest daughter plans to sell... View More
answered on Dec 4, 2023
The short answer is that you simply have some misunderstandings about the way the process works. If the title to your neighbor's house was in his name, only a legal representative can sell the house. That means probate. The alternative is if the house was in a trust or was set to pass... View More
answered on Nov 15, 2023
Has your husband opened an estate for your late mother-in-law? If not, no. Even if an estate has been opened in probate court it will need to go into the estate's account. As executor, your husband has a duty to marshal his mother's estate assets and distribute them according to her... View More
Mom and her husband have been estranged for over 20 years. She just found out he passed a few months ago. Obit mentioned another spouse? Just looking for a direction to go in.
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answered on Dec 20, 2024
If she did not divorce him then the subsequent marriage is void. Even if there is a new will, she can elect to take against the will and may be entitled to a portion of her spouse's estate.
I was a passenger and accident with uninsured, unlicensed driver. She had warrant and had broke arm. I I lost consciousness for split second and came to in seviere pain but went untreated to spend time with her before she went to jail. That night my shoulder neck and back hurt so bad I needed help... View More
answered on Dec 19, 2024
An Ohio attorney could advise best, but your question remains open for over a week. I'm sorry about your accident and the pain and distress your injuries have caused. A local attorney should advise on the matter of pursuing such personal assets - but it could also be worth trying to set up a... View More
My father passed away several years ago and left some money in his bank account which I never claimed. I understand the rest of the forms for the Summary Release from Administration, but this one leaves me baffled. It's like it's supposed to refer to some other documents. If you have any... View More
answered on Nov 26, 2024
You are not permitted to disclose confidential information, like full account numbers, on the probate forms. So the courts provide that form to allow you to show full account numbers and match them to the truncated ones you put on the forms; that form will not be scanned and posted on the... View More
My Grandma died. There are 3 daughters left behind. Some money and the car was left to a great grand child. The rest was left to the daughters. The money got transferred right to them, but the house wasn't set up that way I guess so they had to do some things to be able to sell it. I'm... View More
answered on Nov 5, 2024
If your mother does not agree, she should use the Find a Lawyer tab to consult a local attorney who handles probate matters to review the circumstances of the house sale and advise your mother of her options. Many attorneys offer free consultations so she can find one to work with.
The estate is almost settled, the judge just said to turn in the form and avoid having to appear.
answered on Sep 26, 2024
If you're talking about the boxes under ENTRY on form 13.8, the judge can check those. The first box extending administration to 13 months is common, but it all depends on the reasons that you state above.
The executor is an attorney. She has not been transparent or forthcoming with many, if any, details. It's been very difficult.
answered on Sep 19, 2024
This is a pretty common issue. A number of things can hold it up, but the executor is required to keep the beneficiaries informed. If the executor won't return your calls, then I would call the judge.
He doesn't have other assets besides the car and a home loan but his roommate is the sole owner of the home loan now. All I want is to payoff his car and get it in my name without taking on any other unknown debt or paying taxes? I can't afford anything but the car. Is there a easier way... View More
answered on Aug 28, 2024
The Probate Court requires all of the assets to be inventoried and properly distributed by the administrator of the estate. Use the Find a Lawyer tab to contact a local probate attorney. Many offer free consultations.
Should the heirs of my father have received a copy of the will from some reputable attorney firm we live in Ohio Father lived in Pike county Alabama we're having trouble since we're states apart finding a attorney that can represent us in this matter.
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answered on May 17, 2024
Unfortunately an Ohio attorney is not going to be able to help you here. Because you father lived and died in Alabama, his will and estate will be probated there and be subject to Alabama law. Good luck in your search!
My fiancé of 7+ years and I have one son together it’s his only child he is only 7 we have lived together the majority of those years and everything we have was in his name he had a heart attack and passed away and now unfortunately my fiancés half sister wants to fight over property and... View More
answered on Apr 15, 2024
All his assets go to his child. You better find a way to get an attorney. His stepsister isn't entitled to anything here.
I have since closed the bank account but now I am trying to buy her vehicle that she owed $8000 on before her death. When I file probate paperwork (I’m executor of the estate) to try and get the car, do I need to list all of her assets like the house and money that was in her account even though... View More
answered on Mar 7, 2024
You only list those assets that are probate assets. Anything passed by a TOD or POD or a joint owner is not a probate asset.
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