My dad just died on the 23rd of this month.. He left me his house and called his attorney to put it in the paper work.. My mother left him.15 yrs ago n now sleeps with and lives with another man..my dad really didnt want her to have anything.. The last 2 yrs of his life im all he had.. My husband... Read more »
If your father did not complete the paperwork to transfer the house to you, then as his spouse, your mother could inherit the house. She could file to handle his estate in probate, and could evict you and your husband. Talk to your father's attorney to find out what paperwork there is, or...Read more »
If he did not have a will giving you the house, or if you are not a joint owner on the deed, or if he did not record a transfer deed or affidavit for the house giving it to you, then the house would likely pass to his spouse or children according to Ohio law. The heirs can file to open his estate...Read more »
Breach of duty since an accounting had never been provided in 1st trust of several yrs the 2nd trust also. The B O Duty against the orig trustee was asking for accountability of missing assets was denied in the hearing since the trustee resigned. The co-trustees in turn sold property of the trusts... Read more »
I'm sorry you're having to deal with this. On review of your facts, I do not see a question being asked. Trusts were originally based on the law of contracts. While some statutes govern general principles of Trust management etc., the specific provisions of the Trust can sometimes...Read more »
If the mortgage exceeds the value of the house, then the bank would get the house. There might not be anything for you to do. Use the Find a Lawyer tab to retain a local probate attorney to review the situation and advise you if you need to do anything.
Would I need an attorney for these documents? What type of documents would uphold in court? How can I avoid guardianship going to my daughters father who has a long history of domestic violence towards myself and another female?
It depends on how title was held for the property in question. If they were joint owners with rights of survivorship, then the stepmother gets the property. If not, you're stuck going through probate. Without a Will the Ohio Revised code dictates who gets what. (O.R.C. 2105.06)...Read more »
I have recently entered into an agreement through the courts in Ohio to allow for the other Beneficiary of a house that was left to me in an Estate to buy me out. This person continues to live in the house. The judgment was signed by the judge on April 1st, this year, 2021. The... Read more »
My stepmom is terminally ill, has treated me and my brother poorly our whole life, has been transferring my dads items into their names over the years. My dad committed suicide and it’s still under investigation, not sure if he really did it, my stepsister and boyfriend found him. Cops didn’t... Read more »
I'm sorry, it's unclear as to what exactly is going on in your situation. A power of attorney gives authority for your named agent to take action on your behalf when the preliminary conditions have been satisfied. It does not change or alter the legal rights or responsibilities of the...Read more »
My brother is the executor and my stepmother is POA. My father has dementia and my stepmother is unwell physically. My stepmother is refusing to give me end of life decisions or preplanned funeral information on my father. She states it is none of my business or it has nothing to do with me. Do I... Read more »
These are all good questions. In short, you only have the "rights" your father chooses to give you. Has your father been adjudicated mentally incompetent, or does he still have the ability to manage things for himself. In Ohio, there is something known as a Declaration of Disposition...Read more »
Mother in law passed. She had her bank as her personal representative. She also had them in her will. The bank is now saying that once she passed, the personal representative goes away. The bank states they will handle everything, but they want $1,500.00 for the bank and their attorney to handle... Read more »
A family member will have to file her will with the probate court and apply to be executor to administer her estate to get access to the funds. Use the Find a Lawyer tab to retain a local probate attorney who can review her will and the facts of the situation, and advise you what to do. The...Read more »
The answer depends on a number of additional factors. What is your relation to the deceased? Is there a Will? Are there outstanding debts owed by the deceased? Are you a named beneficiary or heir? There is a specific procedure for land sales in the probate process. If, and how you can acquire...Read more »
A person named to be executor in a will, must file the will in the probate court in the county where the deceased was a resident or where the deceased died, and must apply to the court to be legally appointed as executor. After the court appoints the executor, the executor then must file an...Read more »
You don't have to physically go there, but you do have to open up a probate case in the county where your dad either resided or passed away. Contact a probate lawyer in that county who can act as an administrator of the estate to ensure you are distributed your inheritance.
My uncle passed in early 2015, divorced for decades with no children and no will. The only direct relatives left are a few cousins, of which I am one. The estate went to probate during that same year with all his assets liquidated to pay outstanding debts. The city took ownership of the house... Read more »
If its already been to probate, then it probably doesn't need to go again. This could be unclaimed funds. But, a court may still be needed to order who the funds are distributed to. This can get complicated. I suggest getting an attorney. If the statements are legit, you can certainly...Read more »
I am sorry for your loss. If your mother's name was the only one on the bank account and the truck, you will need to open a probate estate. There are 3 different sizes of estates, based on the value of the probate assets. You should check the website of the probate court of the county where...Read more »
There were 2 properties listed in probate. A house and 5 acres of empty land. The house sold and the buyer paid and it closed on February 12, 2020. The 5 acres of empty land still needs to be sold, property taxes are $400 per year and that has already been paid for 2020. There are no other expenses... Read more »
The short answer is that you may not be able to get the proceeds right now. Probate can be a long complex process lasting multiple years if issues arise. Proceeds from the sale of the real estate will be subject to claims against your father's entire estate and is not just limited to...Read more »
I'm sorry, your question seems to have been chopped up a bit. You may need to sit down with an attorney as there are some critical factors missing. What type of policy was he the beneficiary of? Did he ever receive any benefit from the policy? Power of attorney is not the same as being the...Read more »
Both were on title. Mom was never probated. Mom had a very old will that was not updating leaving the house to dad than me. Dad is very sick and might die soon. I live in this property full-time as a caregiver and POA. We live in Ohio. Mom's debts were all paid off. Dad's estate may or... Read more »
My dad signed a 2 year business lease on 1-19-2021. He passed away 1-31-2021. He leased for 30 years from the landlord, was never late with his payment and now the landlord wants my mom to pay him a year's worth of rent to end the lease. She was never on the lease. They were married for 60... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.