Get free answers to your Probate legal questions from lawyers in your area.
Our father passed away without a will. My sister and I agree on everything. The double wide is only worth about $20,000 and truck junk price. We still do owe $6500 on funeral costs and he was on Medicaid for 3 months in the nursing home.
answered on Apr 19, 2023
Medicaid could have an interest in the estate. But, you should be able to get paid the funeral costs back at a minimum. Give us a call and we can help.
Thank you
answered on Mar 23, 2023
If there aren't any other assets or creditors, then maybe pretty soon. But, it's not unusual for payout to take a while if tax returns need filed, other assets need dealt with, or creditors need paid.
How do we proceed with her will and the estate.
His name is the only one on house and car and bills
answered on Mar 18, 2023
You'll need to probate your father's estate first, then your mother's estate. If he had no assets, then it might not be necessary to probate his estate. Use the Find a Lawyer tab to retain a local probate attorney to review it all with you, answer your questions, and advise what needs to be done.
Close her estate without going through lengthy process to cash small check?
answered on Mar 12, 2023
Depending on the circumstances you may be eligible to obtain a release from the Court from a full probate and obtain an order regarding payment of the check. I suggest sitting down with a probate/estate planning attorney to discuss in more detail.
Best of luck.
answered on Mar 7, 2023
Use the Find a Lawyer tab to find probate attorneys in Summit Co., AL who can advise you on the AL probate process. Talk to a few and select one to work with.
Hi, I have a situation where both of my parents (whom were married)are deceased. There are 3 children but I am my father's only biological child. My brother and sister are not my father's bio children nor were they ever formally adopted. Recently, I was contacted by a company that finds... View More 
answered on Mar 6, 2023
Most likely the stock will go to the beneficiary named under his will, or by intestacy if he didn't have a will. A few other things could be really important. Contact an attorney for this one. You're going to need to open probate at a minimum.
Attorney did this against our will. Said the grantor requested only his name be put on. Is that legal? This has caused major issues amongst the family. We paid for the house over 8 years paid cash to his mom. It was a quit claim deed. My name should of been put on right beside his at the same time.... View More
answered on Jan 27, 2023
He can quitclaim deed the property from himself to both of you with survivorship rights. If he's not willing to sign a quitclaim deed, then it gets more complicated.
Estate how do I go about getting the van back from him. My mom has 5 grown kids. If he was in a bad accident and killed somebody, I’m afraid we could all be sued. What should I do?
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answered on Dec 26, 2022
Open the estate and report the car as an asset. As administrator/executor, report the car as stolen and inform the police where it is.
My attorney says ..because they in 2012 eliminated the estate tax in ohio…
No one gets 1% on non- probated property.
The non-probated property was worth over a million dollars( IRA and 401k passed directly to beneficiary’s.
The owner passed away in 2020
answered on Nov 14, 2022
Ohio Revised Code 2113.35(B):
"Executors and administrators also shall be allowed a fee of one per cent on the value of all property that is not subject to administration and that would have been includable for purposes of computing the Ohio estate tax, except joint and survivorship... View More
June 2022 probate was over.
answered on Nov 2, 2022
If the final account was filed in June and you're still not paid, then the fiduciary probably has no plans to pay you at this point. You need to talk to an attorney about this.
My father made my brother medical and financial power of attorney as well as executor of his estate. Before he died, Dad was in a nursing facility for nearly a year, and my brother drained all his accounts, paid off the house and then transferred it into his name. My brother also spent some of my... View More
answered on Oct 10, 2022
If he presents the will to the probate court, then the judge is not going to approve a final account unless each beneficiary of the will gets his/her share.
As to assets that were transferred prior to death, this is probably theft or breach of fiduciary duty. Your stepbrother needs a lawyer... View More
I do not want to go to probate court, the dealership has possession of the car and cut me a check i used to pay funeral costs. it is no longer on my credit am I still responsible for the car?
answered on Oct 4, 2022
Probably not. It sounds like the vehicle was repossessed by the dealership. Until a vehicle is paid in full, the title does not pass to the purchaser. When a vehicle is repossessed they go back and resell the vehicle. What happens with the either refund (if the sale exceeds the balance on the... View More
answered on Oct 4, 2022
In short, it depends on how the notary is signing. If they are just notarizing a signature, no it does not work. If they are signing as a witness, then it may. I would have to refer you to Section 2107.03 of the Ohio Revised Code (link below). It's going to depend on the specifics on... View More
I think my sister bullied my dad into leaving her everything when he died last month(August 2022) he had been living with her for a year and a half prior to his passing. He was one month short of 90 years old. In my opinion his mind was going. I am not sure how to categorize this. Is it probate... View More
answered on Oct 4, 2022
An Ohio attorney could advise best, but your question remains open for two weeks. Try reposting this in the "Probate" and "Estate Planning" sections. There's no guarantee that all posts are picked up, but you'd have better chances of a response there. Attorneys in... View More
His father paid for the funeral. The county courthouse gave us info that his father can fill out paperwork to take ownership of the vehicle but he refuses to do so since he believes it’s not his responsibility. Communication is not an option. What steps can I take to dispose of the inoperable... View More
answered on Oct 3, 2022
If you don't want it, then have it towed. Eventually the towing company will sell it to pay for storage fees.
The time to go through probate in this case has passed so I am looking for other options to pass title
answered on Sep 28, 2022
Depending on how the deed to the real estate is drafted, it might have to go through probate. Use the Find a Lawyer tab to retain a local probate attorney who can review the deed and re-open the probate case to transfer the property if that is necessary.
My brother is not included in his previous will, and I want to protect his rightful inheritance.
Does giving proof of mental incompetency at the time the latest will and power of attorney paper were filed (Aug. 22nd, 2022) nullify both and immediately revert to the previous will?... View More
answered on Sep 28, 2022
If the probate court were to appoint a family member as his guardian, that would terminate her POA. The probate court could also determine if he was competent when he made a new will or whether there was coercion, undue influence, or other improper pressure to change the will. Use the Find a... View More
The estate in located in Ohio. I have also begun the probate process. I have letters of authority. I also have submitted the inventory list to the court, currently awaiting approval. I'm basically asking what are my steps to sell the home legally?
The home does currently have a... View More
answered on Sep 27, 2022
It's not the answer you're going to want to hear, but it depends on many other factors. Probate can be very complicated. I highly recommend sitting down with an attorney to review the situation in detail and advising you.
Best of luck.
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