Get free answers to your Probate legal questions from lawyers in your area.
answered on Nov 11, 2024
If you mother-in-law left a surviving spouse, then they can go to the title office and give it to whomever they want. If that is not the case, then you may need to file a release from administration at the probate court. A number of factors can influence this, so I can't go any further.... View More 
I would like to buy the property from my uncle but need to know what to do to get my mother's name off of the deed or how to move forward
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answered on Nov 8, 2024
If you mother was unmarried, and you are her only child, then you can file an affidavit for transfer and record of real estate inherited. This will transfer her interest to you. Here is a model ford for cuyahoga. You will need a county specific form for wherever the property is located.... View More
So my mom and aunt inherited his share of the house and his belongings like a new car and other things of value. The house nor his car had not yet been sold when my mom died in June without a will. So my question are me and my siblings legally entitled to her share of the house and of my uncles... View More
answered on Oct 1, 2024
Yes, you and your siblings could be entitled to something of your mother's estate, depending on whether she has a surviving spouse. Use the Find a Lawyer tab to retain a local probate attorney to review the situation and advise you how best to proceed to sort out the estates for both your... View More
i’m in medina county ohio and want to know how as a minor i can change my name to align with my gender identity. will i have to go to court and talk to a judge, do i have to do a backrounf check, can passing that make it so i dont have to do a. court hearing? stuff like that
answered on Sep 30, 2024
Good question! Here's a link to the packet you would need to fill out in Medina County (for reference only) and it does contain some requirements. Looks like the parents must be notified at a minimum and may appear at the hearing to object. Good luck!... View More
My grandmother died in July and her assets were in a trust. I believe that my father, who died three years ago, is a beneficiary of the trust and I would be a successor beneficiary and may be entitled to his share.
The problem is that, despite multiple requests, the trustee has not provided... View More
answered on Sep 30, 2024
Beneficiaries are entitled to a copy of the trust instrument, among other things, under Ohio law. If you are having a difficult time with the trustee, then you need to be proactive. This is a common story and the longer you wait the more likely you are to end up with nothing. I recommend getting an... View More
My mother recently died in Lawrence County Ohio. She has 2 children, myself, a 44 year old Kentucky resident, and my sister, a 49 year old West Virginia resident. Her estate only consists of a 2009 Honda Civic, no other assets, no owed debts. What is our best course of action since neither of us... View More
answered on Sep 24, 2024
It sounds like the estate may qualify for a simplified proceeding to handle the vehicle. Unfortunately, a Court process is still involved. Depending on what estate documents are in place you may need to retain local counsel to handle the matter for you.
I recommend setting up a... View More
Her house and vehicles had a TOD, bank account was joint with someone else. Her will states that things are to be split equally between the children. Are the house, vehicles and bank account exempt from the will and having to be split? Does her will need to be filed in probate for the contents... View More
answered on Sep 3, 2024
Assets that have proper TOD designations are not probate assets. Personal property and other accounts or items without TOD could require her estate to be opened to transfer those items. Use the Find a Lawyer tab to consult a local probate attorney who can review the assets with you and advise you... View More
answered on Aug 28, 2024
If he had no will, then someone, usually a family member, must file with the Probate Court to open his estate to legally distribute his car and any other assets to his legal heirs after payment of debts for which proper claims are filed. Use the Find a Lawyer tab to consult a local probate... View More
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answered on Jul 9, 2024
Obviously there is no will. But you should consult with an OH attorney to see if probate administration is necessary or not. There are alot of considerations and expenses, and if the assets are not substantial, probate should be avoided.
My little sister moved to Ohio and got married and has been separated from her husband for over 5 years and now her husband is incarserated and has been for 8 years They have a son that is 16 She just recently was in a car wreck that took her life ..and now for next of kin with him in prison should... View More
answered on May 20, 2024
Those who paid for her funeral may get reimbursed if they submit a claim before the deadline. But, I'm not aware of an exception to inheritance for incarcerated persons. As such, he will likely be entitled to his share of her estate. The husband should name somebody as power of attorney to act... View More
In Mom's Will, there is no mention of her mortgage or who inherits the house. Neither child wants it. Small, inexpensive estate and we can't find anything on life insurance. Who pays mortgage? Can I as executor sell it? Am I legally still required to pay on the house until it is sold?... View More
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answered on Apr 22, 2024
I'm so sorry for your loss. Dealing with a parent's estate can be complicated, especially when there are outstanding debts like a mortgage. Here's some general information, but I would strongly recommend consulting with a probate attorney in Ohio to get specific legal advice for your... View More
I did probate a 12,000 car because I did not know the TOD had to be given to title office before death. So they want all the money from the car and each want 1/6 of the bank and house. There was 6 kids but I was her 24/7 care giver they never even talked to her or seen her.thanks
answered on Apr 14, 2024
Any accounts with a Payable-on-Death (POD) designation and properties with a Transfer-on-Death (TOD) designation are not subject to probate and will pass directly to the individuals named as designees. Consequently, your siblings would not have any claim to those assets. However, any assets that do... View More
He left everything to my children (two minors ages 8 and 6) to be held in trust until they reach 30 years old. He owns a home which I know he would want to be kept for them. He named a family friend to serve as the Executor of the will and Trustee for the kids. Well we were evicted from the place... View More
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answered on Mar 30, 2024
In your situation, it's crucial to understand that the legal dynamics surrounding estates, trusts, and real estate can be complex, especially when it involves minors and inherited property. Given the urgency of your eviction and the specific circumstances, seeking legal advice from an attorney... View More
My lawyer has control of my father’s estate. Ohio commerce has 120 day processing turnaround. This was supposed to be done in August 2023 when he first received it.
answered on Mar 27, 2024
The probate courts in different counties of Ohio have different rules for when property can be distributed. In most counties I've worked in, real property cannot be transferred until the Inventory in the estate has been filed and/or approved. Some counties can transfer personal property... View More
My lawyer has control of my father’s estate. Ohio commerce has 120 day processing turnaround. This was supposed to be done in August 2023 when he first received it.
answered on Mar 27, 2024
You should ask the executor or administrator. If the attorney is acting as executor or administrator, then they have a duty to keep you informed. If you're dealing with unclaimed funds, then any delays could be justified.
My husband had a stroke a few years back I took care of him as he was 24/7 care at home for almost a year ,well in that year I was driving out car that was in his name and someone hit my car wrecking it completely,it had to be totalled out i was also hurt in this accident went to court, even though... View More
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answered on Mar 2, 2024
Firstly, my condolences for your loss. Dealing with legal matters after the passing of a loved one can be overwhelming. In your case, since the check is in your late husband's name, you'll need to follow certain procedures to cash it. You should reach out to the issuing party or bank to... View More
She gave me power of attorney to write checks in her behalf and to oversee her account. But now that she's passed we didn't get the executor of the will and the will in time. She has no other assets no property no house no cars nothing
answered on Feb 26, 2024
The bank might or might not allow deposit of the insurance check. A Power of Attorney terminates when the person dies. So any use of that POA now would be unauthorized. If the bank won't accept it, ask the insurance company if it would reissue the check to an heir or beneficiary. If not,... View More
My dad passed away last summer. My sister (beneficiary) has been given a check from my father's life insurance policy and we are told the funds will be available in ~2 weeks. However, my dad has a high amount of medical debt left over. Is the life insurance money safe to be used or will... View More
answered on Feb 19, 2024
Proceeds from a life insurance policy, where the beneficiary is a named living individual(s), pass outside of the probate process, and the creditors have no claim to it because those proceeds are not part of your dad's estate.
These don’t show on my credit report
answered on Feb 19, 2024
More information is needed here. For example, based on your post, are you suggesting that these 3 credit cards are in your deceased hsuband's name only? Anyway, the short version is that if you stop paying then you are exposed to being potentially sued and the question is whether or not... View More
These don’t show on my credit report
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answered on Feb 22, 2024
As a widow at 71 with limited assets, you may have options to address the credit card debt incurred by your deceased husband. Since the credit card debts do not appear on your credit report, it suggests that you may not be legally obligated to repay them, especially if they were solely in your... View More
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