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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
The will excludes her by name. She says dad told her that she would be taken care of. She claims she is getting an attorney. He has passed away.
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answered on Feb 14, 2024
Yes. Most wills include provisions that disinherit anyone contesting a will. In this case, she is already disinherited, so there is no downside to her contesting the will.
On the other hand, will contests are HARD. It is very difficult to prove either undue influence or lack of capacity,... View More
The will excludes her by name. She says dad told her that she would be taken care of. She claims she is getting an attorney. He has passed away.
answered on Feb 14, 2024
Assuming your father is still alive, he could communicate with her his wishes and this would reduce the risk of litigation. He could also initiate ante-mortem probate to make sure the will gets admitted while he's alive. If she's getting an attorney, then you probably need to speak to one as well.
His will splits his estate 50-50 between my sister and myself. I have financial POA.
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answered on Feb 9, 2024
A will absolutely does not avoid probate. Rather, it guarantees probate. Avoidance of probate requires a different technique such as a trust or a transfer on death designation/document. An estate planning attorney can help you choose the best probate-avoidance technique for you.
answered on Jan 11, 2024
It's difficult for an attorney answering this question to know what "very little" means. Assuming we are talking less than a couple $1000, the family could file for an administrative relief from probate / summary administration. If the assets are even less than 1000 the family may... View More
The will states any money in the bank or deposits on hold shall be divided.
answered on Dec 25, 2023
The issue here is whether the "executor on the bank account" is named as the beneficiary or a co-owner of the account. Bank accounts can have more than one owner and / or can be named in trust for (ITF) another individual, the beneficiary. If the executor also happens to be the co-owner... View More
The will states any money in the bank or deposits on hold shall be divided.
answered on Dec 18, 2023
"on the bank account" is a bit vague. If the person named as executor was a beneficiary or a joint owner of the account, then that money is theirs, it's not subject to probate or the will, and they don't have any obligation to share it. If the executor has a bank account titled... View More
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