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.... Read 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.
Unassisted home birth, no medical records. Baptismal records exist. More than 1 year since birth.
answered on Jan 22, 2023
Please follow the steps below to file the certificate:
Download and fill out the New Born Birth Certificate Packet
Gather required documentation. See page 1-9 of the New Born Birth Packet
Contact the Vital Statistics Registrar at (513)732-7499 to schedule an appointment to... Read more »
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?
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 great aunt signed a TOD deed on her home and my mother was the beneficiary. Later my great aunt signed another TOD deed with her neighbor as beneficiary, but then revoked the TOD deed to the neighbor several years later. Is the one to my mother still valid if it was never revoked? What if a... Read more »
answered on Dec 22, 2022
It depends on how each was worded and if they were properly executed and recorded. They would have to be reviewed by an attorney to give an accurate answer. A properly worded, executed, and recorded TOD affidavit would take precedence over a different designation in a will. Use the Find a Lawyer... Read more »
TN resident with all next of kin (NOK) in OH. One OH NOK passed away with a will completed/signed but unable to be witnessed. All surviving NOK were aware of this will and want to abide by their NOK wishes. TN NOK was sole beneficiary. Will OH probate accept this will as valid if all surviving... Read more »
answered on Nov 30, 2022
The will is invalid under OH law. Luckily, it seems like the family are all on the same page so the issue 'can' be resolved. I recommend finding a local attorney to help. You may need some waivers/disclaimers/deeds signed by the family. Use the Find A Lawyer tab above.
Inherit some land but has passed away. The land would have gone to my mother who also passed away. My cousin wants my siblings and myself to sign a deed gift receipt so she can own the land free and clear (she said a surveyor determined the land my father would have received and her house have been... Read more »
answered on Nov 30, 2022
If grandmother, father and mother all have passed away, and their estates were not submitted to the probate court in the county in which each lived, and because they owned real estate, then that is a big mess that will require an attorney to help sort it all out by opening the estate of each with... Read more »
will changed after many yrs and just 10 mo. prior to mothers death and mother was in a very vulnerable position with monies, travel to Dr. visits, food etc and older son had just had stroke 2 months before the will change and younger son took advantage of this.
answered on Nov 28, 2022
To open an estate, the executor named in the will should file it with the court and must give notice to all the next of kin that it has been filed, and then family members can contest the will if they have suspicions. If the named executor doesn't open the estate, any other family member can... Read more »
Incapacitated Ward under Full guardianship (person/estate) in Michigan has been moved to Ohio nursing home long term care on full Medicaid/Medicare. I made the facility rep payee for SS check. Ward has one monthly bill, and basic needs/care (clothing, personal items) managed by guardianship now.... Read more »
answered on Nov 23, 2022
You may be required to 'transfer' the guardianship to the Ohio court. The Michigan court no longer has jurisdiction and may not be able to terminate the case unless it is being transferred. You bring up a couple other complicated issues. I recommend seeking counsel in the county in which... Read more »
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... Read 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.
What do I do with the check. He had no will. His two children are grown adults. We owed nothing as far as property or vehicles or financial accounts. Desperate in akron,ohio
answered on Oct 27, 2022
I recommend contacting the pension company to see how things were set up. If you are indeed the beneficiary, then the bond company will usually re-issue the check in your name. On the other hand, if you are not the beneficiary on the account, then the check is an estate asset and you need probate... Read more »
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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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?... Read 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... Read 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... Read 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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