Get free answers to your Probate legal questions from lawyers in your area.
We are going to pay it off but what rights are there to include her name on the loan so the bank will have to answer her questions and give her details. Her will states that all assets go to her once the estate is settled in October. I understand that the Garn-St. Germain act prevents them from... View More
answered on Aug 10, 2022
It is very likely that your mother-in-law's mortgage has an acceleration clause. This makes the entire balance due upon the death of the borrower. A surviving spouse has some rights with respect to assuming the loan. But, I'm not aware of any rights that a child has. In other words, you... View More
My sister passed away unexpectedly with no will. I currently have custody of her son and the father isn't in the picture. Her car was her only possession and she had a loan on it. They repossessed the vehicle and sold it to satisfy the loan. I received a letter stating there was a negative... View More
answered on Jul 18, 2022
You will need to be appointed administrator of her estate so that you can open a bank account to deposit the check into. If the check is under $500, I wouldn't bother with it.
PV WARRANT DISMISSAL - MOTION AND ENTRY TERMINATING COMMUNITY CONTROL SANCTIONS - AGE OF WARRANT This matter is before the Court on oral motion of Community Control to terminate the previously imposed sanction of community control. Court finds the Offender has not absconded or otherwise absents... View More
answered on Jul 15, 2022
This means you are no longer under any court orders. You are finished with probation. Depending on the charge you can seal it in either 1 or 3 years if it is a sealable offense.
answered on Jul 2, 2022
It typically would be interpreted to mean all of that, as described in the decedent's deed of record. But it could be subject to challenge in probate court depending on all the circumstances and other factors that could make it ambiguous. Use the Find a Lawyer tab to retain a local probate... View More
not used. Can the Estate Exemption be transferred to the heirs? What can be done?
answered on Jun 7, 2022
It can only be transferred to a spouse. Also, it must be done within a short window of time.
My father's obituary says I have a trust fund and my aunt is the person who holds the money at a bank. I can't figure out which bank it is or how much money is there/or was spent but I feel like I'm being lied to. I need help.
answered on Jun 2, 2022
The best place to start when investigating a family probate issue is at the county Probate Court where the decedent resided at the time of passing. The court keeps record of cases where property is held in trust by third party individuals. In some cases, the trustee or custodian is required to... View More
answered on Apr 28, 2022
Depends. If the executor is also a joint owner or a beneficiary on those accounts, then YES. If the accounts are in the decedent's name and no beneficiary or joint owner exists, then NO.
answered on Apr 27, 2022
Try your local Senior Services agency, local legal aid, or the Ohio Dept. of Aging PASSPORT program.
https://aging.ohio.gov/care-and-living/get-help/home-and-community-care/passport-1
But those services might not help to contest a will. If there is an estate with money, and someone... View More
additionally, Notice of application to relieve estate from administration.Stating the assets in the estate do not exceed the statutory limits.
If I know of any reason why the application should not be granted, I should appear and inform the Court. does a certified letter to the court suffice?
answered on Apr 22, 2022
A relief from administration is filed when the estate is small. You can file a claim with the estate, or If the probate court holds a hearing, you can attend that. Call the court to find out the status and any scheduled hearing. Use the Find a Lawyer tab to retain a local attorney to review the... View More
My Aunt's boyfriend of 20 years passed suddenly. They had finally decided to get married after all this time. My Aunt has cared for ailing family members for a long time and that being the reason they hadn't done it yet. Her boyfriend was extremely organized and responsible and had a will... View More
answered on Apr 21, 2022
If there is no will, then your aunt has no legal claim to his estate, unless she can claim reimbursement for any expenses she paid on his behalf or if there is any personal property that they owned jointly. A friend or caregiver has no legal status without a will directing that they receive... View More
What do I need to do legally to access the safe deposit box of my mother, who lived and died in New York, but apparently still has a safe deposit box in her name in Ohio? She died 15 years ago, I am only surviving family member. There was no will and no assets beyond funeral expenses.
answered on Apr 19, 2022
You may have to open probate in New York to get an executor appointed who would have authority to go to the bank and remove the assets. If you just want to find out whether anything is in the safe deposit box, then Ohio has a mechanism to allow access for the purposes of creating an inventory of... View More
answered on Mar 28, 2022
Try here:
https://www.ohioprobatelawyer.com/trusts/2018/07/27/difference-between-taxable-income-and-accounting-income/#:~:text=Ohio%2C%20like%20most%20states%2C%20has%20adopted%20the%20Uniform,on%20accounting%20income%20are%20also%20allocated%20to%20income.
My husband and I have had full custody of his 13 year old son for over 10 years now. Mom has since had another child who is now 6 years old which custody was given to her mother who has since passed away. The child is now back in her mothers care but need to know how to help grandma/ myself get... View More
answered on Mar 9, 2022
If the child is not going to be placed with child services because of the mother's drug use, then you or the grandmother can file a private custody action in Juvenile court. You or her will need to prove 1) that the mother is unfit and 2) that putting the child in the care of a non-parent is... View More
I have been living with my grandmother for the last year as her caregiver. Her will left everything to one of my two uncles, but he doesn't want anything because he receives social security and doesn't want to jeopardize it. My uncle who is trying to kick me out and sell the condo... View More
answered on Mar 4, 2022
You could file a claim against her estate within 6 months of the date of death for payment as a caregiver if you had an agreement to receive payment. Otherwise, your uncle now owns the condo and has the right to sell it.
answered on Feb 28, 2022
You may have to go to probate whether or not there is a will. Probate property is that property which does not have a beneficiary or a joint owner, and is not in trust. For example, IRAs often have beneficiaries. If the beneficiaries are living, the IRA would transfer without probate. Married... View More
My mother's estate has just received refund checks and I filed IRS taxes. Now expect State and Federal refunds
answered on Feb 23, 2022
You will need to file a Report of Newly Discovered Assets. Some counties provide a form, while you may have to make up the form for other counties. If your county has a form, it would be available online at the court website.
answered on Feb 18, 2022
It depends on the court. Some courts will allow you to file a "Newly Discovered Assets" form. Others may make you amend the inventory. The clerk should be able to tell you what their requirements are for new assets.
My sister passed and her husband passed years ago as well. She has 2 daughters that are 7 and 9. Can my brother be the fiduciary from out of state. Also, would the executor also be responsible for the deceased SS benefits for the kids?
answered on Feb 10, 2022
If your brother was named an executor in the Will then yes. If he was not named, then no he cannot be an out of state executor.
My partner and I had a business together. The business is under his name. I am unsure how the son needs to sort that out as well as his other business and even personal things needing to be done with possibly taxes, debts or assets.
answered on Feb 1, 2022
Determining how a business is to be handled is a complex question. You need to review the operating agreement or bylaws depending on how the business is organized. I highly recommend sitting down with a probate attorney to review the situation in detail and advise you.
Best of luck.
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