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He was not married but had a partner of 12 years. They have an 11 year old son. We are just not sure where to turn.
answered on Feb 23, 2024
The son will probably inherit any probate assets. You should probably talk to an attorney to make sure the interests of the son are secured and protected.
My step mom claimed she was my biological mother on court documents so that she would not have to share his assets with me. She then claimed he had no belongings so that she could avoid probate court entirely. What she did claim he had was only $4,000 worth. I would like to know if I have any... View More 
answered on Feb 22, 2024
Fraud can be reported to the court. I recommend having an attorney. The cost/benefit analysis is always important here because it costs money and time to convince the court that a fraud occurred.
My sister was removed as guardian recently. I was the power of attorney before her guardianship. We have had many issues with the courts and feel it is too expensive and time consuming. Is it possible to re-enact the power of attorney document or should I apply for guardianship?
answered on Feb 21, 2024
If the POA is durable, then you may be able to terminate the guardianship due to there being a less restrictive alternative available. I recommend asking your attorney about this.
My father died about 31yrs ago. At the time I didn't know probate law the way I know it now so I didn't know that I only had a certain amount of time to get my father's things. His girlfriend at the time was upset because she found out he was cheating on her when he had an aneurysm... View More
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answered on Feb 14, 2024
There is almost no chance of you recovering his belongings after 31 years of no action.
My husband died three weeks ago, leaving a will with me as sole beneficiary and executor. Cremation is fully paid for, and there are no children, no previous marriages, his family are all deceased. My husband's house has already been transferred to me by a Transfer on Death affidavit, so no... View More
answered on Feb 4, 2024
ProSeniors is correct. From your description, the only asset you would have to probate is the $40 bank account and it would cost more to probate it than it is worth.
My stepfather left me his vehicle before he passed but it is in his and my mother's name with the word and in between and wros at the end. She passed away before he did and he never changed the title to just his name but he signed his name before he passed. Was he supposed to sign her name to... View More
answered on Jan 26, 2024
Unless there's a beneficiary on the title, the car will have to be probated. Your stepfather's next of kin are entitled to the car. If they were all willing to assign their interest to you, then you could get the car.
I have a property i recieved through probate that my parents once owned. I had to settle their debts first (tax lein and medicaid lein). Probate closed over a year ago but now I an finding out I have "encumbrances" attached to the title of my property. One in particular is from a nursing... View More
answered on Jan 12, 2024
I've never heard of anybody getting out of paying the Medicaid claim by waiting for the statute of limitations to run.
theres another sibling involved who is still residing in the home and I need them out. Water and electricity are shut off and it is uninhabitable. How do I get them out of the house? What are my next steps?
answered on Dec 20, 2023
Here in Ohio the answer depends on a number of factors. Being appointed the administrator of the estate is a good first step. If the sibling has established residency you may need to commence eviction proceedings to get them to leave.
All in all, I recommend sitting down with a qualified... View More
My dad died when I was a month old. His wife, my mom lived. In the county court there is no information at all except guardianship of a minor and estate but that is all it says. He was the incorporator and he started a business that is extremely successful today and ran by my mom's family. My... View More
answered on Nov 21, 2023
You need to talk to a local attorney for help. I recommend Trent Stover in Sidney, OH.
I received a “Notice of Probate of Will” letter and it says I’m “A person who would be entitled to inherit from the decendent had the decendent died intestate.” My dad died a few years ago he had a will and his mother died a few months ago also with a will.
answered on Nov 10, 2023
You received the Notice because you are next of kin; it is just to inform you that your grandmother's will was filed with the probate court in the county where she lived. You will need to look online to see what the will says. You would be entitled to your father's share of your... View More
Family member passed away and we inherited a percentage of this property. Other family member who inherited percentage of the property was living in it and refused to move or sell the house when we had a buyer. The property was foreclosed on because they did not pay the mortgage. Property went to... View More
answered on Nov 1, 2023
You probably need to file a partition action to force the sale. Except, the mortgage company may beat you to forcing another sale. A partition action can take months (or years) before you reach the end. I recommend you find a real estate attorney to advise you what your rights are.
Will his share be divided between his other siblings? Since they are also listed on the will. I’ve seen mixed answers online.
answered on Oct 18, 2023
The language of the will is critical here. Does it address a predeceased child? If not, then R.C. 2107.52 will apply.
His house is being foreclosed on. I have no interest in his estate. He is divorced so neither does his ex-wife and his only son is a minor. His mortgage company and the county court keep sending me foreclosure documents and demand payment of his mortgage. I sent his son's attorney a letter... View More
answered on Oct 17, 2023
You are not required to accept the duties and obligations of trustee. To the extent that you have accepted the duties and wish to resign, I recommend obtaining counsel.
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answered on Sep 20, 2023
In Ohio, if minors are designated as beneficiaries on financial instruments like CDs without specifying a custodian, complications can arise. Under the Ohio Uniform Transfers to Minors Act (UTMA), assets can be transferred to minors with an adult custodian managing them. If no custodian was named,... View More
My son was adopted by his mother’s second husband changing his name and birth certificate.
My son has grown and his adoptive father has passed away. Son would like to have his birth certificate changed to have my name as his father. He has already changed his name back to what it was... View More
answered on Sep 18, 2023
Given these facts, I think any probate attorney may need to do some research to be truly confident as to the process needed to achieve the desired outcome. If changing the words on the certificate is truly the only desired outcome, then I'd start with the health department that issued the... View More
He was from puerto rico
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answered on Sep 6, 2023
Certainly, in order to read someone's will, you should follow a legal process that typically starts by locating the will, consulting with an attorney who specializes in probate and estate law, and filing for probate if required. The will reading itself is not always a formal event but rather a... View More
than a year after trust settled. The trustee was an equal co-beneficiary. Has claimed that all accounts are closed. Respective attorneys apparently have accepted that assurance. Trustee has ignored repeated requests from fellow beneficiaries for closing statements - requests beginning more than... View More
answered on Aug 30, 2023
What is the issue here? Are you concerned that the trustee didn't distribute all the money? If so, this would be alarming. But, if you're concerned that the trustee has kept a checking account open after all money has been distributed, and is using the account for personal reasons, then... View More
I had someone who was very close to my family pass away and he was adopted when he was little. He was an only child after being adopted but has a biological sister who is still alive and he has no other family at all. He had told multiple people around him that he wanted my mom to get his home but... View More
answered on Aug 30, 2023
For a definitive answer I recommend sitting down with a qualified attorney to review your circumstances in detail and advise you and/or your friend.
In the interim, the pertinent legal authority can be found at Sections 2105.06 and 3107.15 of the Ohio Revised Code. See links below.... View More
I live in a different state and he was a not married.
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answered on Aug 28, 2023
In the event of a person's passing, their estate typically goes through a legal process called probate. During this process, the assets and debts of the deceased are evaluated, and their estate is distributed according to their will or the state's intestate laws if there is no will. To... View More
Mom died and family is engaging in probate fraud deception around it. Acting like they need me out of the way the wrangle something. How do I find these kinds of assets?
answered on Aug 7, 2023
There's no central database that I know of, so we take these on a case-by-case basis. But, you can do things, like forwarding mail, pulling tax returns, and pulling bank records, to help you along.
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