Get free answers to your Probate legal questions from lawyers in your area.
For the final accounting, on one hand the court told me I cannot spend any more money once the ward has passed. On the other hand I was told to take my fees and get rid of all the money in her guardian account. I feel my hands are tied and I can’t figure out how to do this final accounting. There... View More 
answered on Jan 18, 2022
The probate court must approve expenditures, fees, and the final accounting. A local probate attorney can help you finalize the estate. If not done properly, you could be held financially liable for any errors. Use the Find a Lawyer tab to retain a local probate attorney.
His wife AND his lawyer said they both have a copy of a 2018 rough drafted will (not signed nor registered). Later the wife finds another 2009 will she is stating it is signed (but not witnessed or registered). None of his children have been notified by a lawyer yet. Does she, as his wife have the... View More
answered on Jan 13, 2022
You can challenge the validity of the will when it is filed in the probate court. You should receive notice of documents filed with the probate court to open the estate, and then there can be a court hearing for you to object. The court is unlikely to accept a will that has not been properly... View More
answered on Jan 7, 2022
Only valuable collector cars increase much in value to result in much of a taxable capital gain, although the used car market is seeing higher prices. But it doesn't matter, since an heir takes an asset at its current fair market value. If the heir sells immediately at the same fair market... View More
My aunt passed away, and she doesn’t have any children, she was divorced, and her parents have passed on. I assumed that the next of kin would be the next blood relative, which would be my mother, because my mother is the oldest sibling. The hospital that my aunt passed at stated that another... View More
answered on Jan 7, 2022
Your question implicates multiple provisions under Ohio's Revised Code.
Ohio Section 2108.70-2108.99 will be pertinent to your situation. I have included a link below to the chapter. All in all, you may need to retain an attorney if there is a dispute regarding your aunt's... View More
also as a family we have 5 cars and 1 boat all of which where in his name. can I transfer titles with out probate court
answered on Jan 5, 2022
The short answer is maybe. The law changed in 2017 and may afford you ways to transfer title to these motor vehicles without probate. In order to determine you options you would need to sit down with a qualified lawyer near you to discuss.
Best of luck.
potential problem of one sibling/beneficiary. This was to be a simple summary, but brother here in Ohio likes the court scene with over 59 cases and will argue anything, true or not. It is costing me more and I may need to drop out mainly attorney fees are now $295.hr. shared this with the... View More
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answered on Dec 31, 2021
You have an attorney, so a lot of these questions should go to him or a different florida counsel. In Ohio, it is likely that his objections would be overruled by the probate court as unfounded, especially if there are no assets.
Dear Sir, I wish to buy my partner shares. he passed long years ago, the shares are still in this name, what is the easier solution to buy those shares from his grandchildren’s.
answered on Dec 18, 2021
If they own them. The first thing to do is sit down with a lawyer and figure out who owns the shares based on your partnership agreement and his will and/or the probate of the estate.
answered on Nov 18, 2021
No. Ohio law is very settled on this issue. Joint bank accounts pass to the surviving joint owner.
submitted application under Full Administration because The Court Clerk notify me the system was advising people to use E-File system. They required you to file 4.0 in Cuyahoga County if you have a Will naming you the executor.
answered on Nov 9, 2021
If you have been appointed executor/administrator, then I believe you'll have to complete the administration by filing a certificate of termination or final account.
my decease mother had a car with loss title. Department of motor vehicle transfers title to decease child instead of issuing a duplicate title
answered on Nov 5, 2021
Hello. Great question. The inventory is what the deceased owned at time of death. The auto would be listed on the inventory.
You should consult a local attorney in your area to assist with probate.
My sister was appointed Executrix of my Fathers estate and another sister Trustee of his trust. The day after my Fathers funeral service the Executrix and her husband and kids started to go through my Fathers house and started clearing it out and giving stuff away on top of whatever she took for... View More
answered on Nov 3, 2021
The answer depends on a number of additional factors. A key issue that needs to be addressed is whether the household goods were considered a probate asset, or an asset of your father's Trust. As the other attorneys have advised, the analysis is too complex for an answer on this forum. You... View More
The attorney that did my Fathers will and Trust is a close friend of my brother. I have 2 brothers and 3 sisters. I just recently found out from this same brother that he and my other brother and 2 of my sisters went with my Dad to get his will and Trust done. My 2 sisters that were there were put... View More
answered on Nov 1, 2021
Use the Find a Lawyer tab to retain a local attorney who handles trusts and estates to review the situation and advise you.
My sister is Executrix of my Fathers Estate and another sister is Trustee of the Trust. I am a beneficiary of the Trust. When I was questioning the Executrix about the inventory of my Fathers estate she became very upset. I was never offered or contacted by the Trustee about getting a copy of the... View More
answered on Nov 1, 2021
Talk to the attorney for your father's estate with your questions about the authenticity of the trust document. Use the Find a Lawyer tab to retain a local attorney who handles trusts and estates to review the situation and advise you.
Can older sibling and I ask for a neutral executor since younger brother won’t fill out and file bond paperwork?
answered on Oct 20, 2021
You don't even need a neutral executor. You should just apply to administer the estate. This will force your younger brother to act and, if he doesn't, then you can act as administrator.
Both my parents are deceased. They did own a trailer but the landlady of the park took the trailer and any assets inside and all that is gone now. There is only a bank account left. They did not have a will and I was power of attorney for my mother before passing . Is it possible for me to be able... View More
answered on Oct 15, 2021
There is simplified probate process for small estates. Contact the probate court in the county where your mother lived. They might help you with the necessary forms. If not, use the Find a Lawyer tab to retain a local probate attorney who can advise you. But that might not be cost-effective.... View More
My grandfather died in june leaving his assets in trust to his son and daughter equally. His son (my dad) died before receiving his half of assets. My dad was on Supplemental Security Income at time of death and for last 10 years. The family says his half of the assets will pass into his estate to... View More
answered on Oct 8, 2021
SSI works differently than the Medicaid program. While the federal government has mandated that state Medicaid programs are to seek reimbursement from the estate of a deceased under certain circumstances, it does not extend to SSI benefits. That being said, if an overpayment was made by SSI to... View More
He didn't own his home and his vehicle when back to the finance company. He did have a life insurance policies I'm sure but how do I track them down.
answered on Oct 6, 2021
You'll have to go through his papers to try to find any life insurance policies. There is no other easy way to find out if he had insurance. If you find any life insurance policies, you can send a death certificate to the companies to notify them of his death. They will pay insurance... View More
He has a small house. 2 children who loathe each other.
answered on Oct 5, 2021
If the two children don't like one another, then you should get an administrator appointed to sell the house and split the proceeds. Are you (the administrator) required to have an attorney? No. Should you? Unless you are a probate attorney in Ohio, then yes. The beneficiaries could sue you if... View More
only asset is home and only sibling has no interest in property. Have been advised to do quick claim deed at end but am wondering why not advised to do a disclaimer or renunciation now as would this not require bond?
answered on Sep 20, 2021
Disclaimers do not avoid probate. A disclaimer means that the heir who is disclaiming is deemed to have predeceased the person that he or she is inheriting from. The next person set to inherit under Ohio's Rule of descent and distribution would then inherit the property.
I take it... View More
The mother paid mortgage, son-in-law and daughter paid all utilities, maintained home while also giving her care. What rights does daughter have? Daughter does have a brother who lives elsewhere
answered on Sep 16, 2021
Unless the home was in a Trust, or there was a transfer on death beneficiary for the residence, it will have to go through probate. The heirs at law will be the ones to inherit the home. See Section 2105.06 of the Ohio Revised Code for breakdown. (link below). If someone else gets the home some... View More
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