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.
The time to go through probate in this case has passed so I am looking for other options by which to transfer title to the heirs
answered on Sep 22, 2022
The answer varies somewhat from state to state. Generally speaking, if probate is passing "intestate" that means that no Will was completed. It gets to the heirs at law through probate and must be approved by the Probate Court. Otherwise, property can pass to another through operation... Read more »
My brother died last week. We though he had no will. We found one today. His only son, my nephew is 16 and the will states that he leaves everything to him. His ex-wife has hired an attorney. My brother left his son some jewelry and some silver coins. His home loan was maxed out and the house needs... Read more »
answered on Aug 22, 2022
Sorry for your loss. First, you are under no obligation to do anything. But, I would probably wait 6 months (the Ohio statute of limitations for unsecured creditor claims) and then file for a release from administration to transfer the automobile title to his son. And, yes, you may waive your right... Read more »
He listed my sister and her two children as beneficiaries. His attorney who wrote the will stated to me, as long as the house and property weren’t probated it fell into the rest and residue of the estate of which I am named as a beneficiary along with the previous 3 people. I don’t know what to... Read more »
answered on Aug 14, 2022
I don't know what you mean by a TOD Will. There is a Transfer on Death Designation (TODD) Affidavit, which specifies who will inherit the house after the grantor's death, outside of probate. Anything with a beneficiary, like the TODD Affidavit, will transfer outside of probate and will... Read more »
My mother had a stroke a few months ago and she gave me power of attorney but she didn't print her name and I had to get an updated one I did but since then she had an aneurysm and can't speak or talk And the bank wants to call up to the rehabilitation hospital she is in Right now i... Read more »
answered on Aug 10, 2022
If the bank will not allow access under the power of attorney, then you will need to establish a guardianship and be appointed guardian of the estate by the probate court.
We are going to pay it off but what rights are there to include her name on the loan so the bank will have to answer her questions and give her details. Her will states that all assets go to her once the estate is settled in October. I understand that the Garn-St. Germain act prevents them from... Read more »
answered on Aug 10, 2022
It is very likely that your mother-in-law's mortgage has an acceleration clause. This makes the entire balance due upon the death of the borrower. A surviving spouse has some rights with respect to assuming the loan. But, I'm not aware of any rights that a child has. In other words, you... Read more »
My sister passed away unexpectedly with no will. I currently have custody of her son and the father isn't in the picture. Her car was her only possession and she had a loan on it. They repossessed the vehicle and sold it to satisfy the loan. I received a letter stating there was a negative... Read more »
answered on Jul 18, 2022
You will need to be appointed administrator of her estate so that you can open a bank account to deposit the check into. If the check is under $500, I wouldn't bother with it.
PV WARRANT DISMISSAL - MOTION AND ENTRY TERMINATING COMMUNITY CONTROL SANCTIONS - AGE OF WARRANT This matter is before the Court on oral motion of Community Control to terminate the previously imposed sanction of community control. Court finds the Offender has not absconded or otherwise absents... Read more »
answered on Jul 15, 2022
This means you are no longer under any court orders. You are finished with probation. Depending on the charge you can seal it in either 1 or 3 years if it is a sealable offense.
answered on Jul 2, 2022
It typically would be interpreted to mean all of that, as described in the decedent's deed of record. But it could be subject to challenge in probate court depending on all the circumstances and other factors that could make it ambiguous. Use the Find a Lawyer tab to retain a local probate... Read more »
not used. Can the Estate Exemption be transferred to the heirs? What can be done?
answered on Jun 7, 2022
It can only be transferred to a spouse. Also, it must be done within a short window of time.
My father's obituary says I have a trust fund and my aunt is the person who holds the money at a bank. I can't figure out which bank it is or how much money is there/or was spent but I feel like I'm being lied to. I need help.
answered on Jun 2, 2022
The best place to start when investigating a family probate issue is at the county Probate Court where the decedent resided at the time of passing. The court keeps record of cases where property is held in trust by third party individuals. In some cases, the trustee or custodian is required to... Read more »
answered on Apr 28, 2022
Depends. If the executor is also a joint owner or a beneficiary on those accounts, then YES. If the accounts are in the decedent's name and no beneficiary or joint owner exists, then NO.
answered on Apr 27, 2022
Try your local Senior Services agency, local legal aid, or the Ohio Dept. of Aging PASSPORT program.
https://aging.ohio.gov/care-and-living/get-help/home-and-community-care/passport-1
But those services might not help to contest a will. If there is an estate with money, and someone... Read more »
additionally, Notice of application to relieve estate from administration.Stating the assets in the estate do not exceed the statutory limits.
If I know of any reason why the application should not be granted, I should appear and inform the Court. does a certified letter to the court suffice?
answered on Apr 22, 2022
A relief from administration is filed when the estate is small. You can file a claim with the estate, or If the probate court holds a hearing, you can attend that. Call the court to find out the status and any scheduled hearing. Use the Find a Lawyer tab to retain a local attorney to review the... Read more »
My Aunt's boyfriend of 20 years passed suddenly. They had finally decided to get married after all this time. My Aunt has cared for ailing family members for a long time and that being the reason they hadn't done it yet. Her boyfriend was extremely organized and responsible and had a will... Read more »
answered on Apr 21, 2022
If there is no will, then your aunt has no legal claim to his estate, unless she can claim reimbursement for any expenses she paid on his behalf or if there is any personal property that they owned jointly. A friend or caregiver has no legal status without a will directing that they receive... Read more »
What do I need to do legally to access the safe deposit box of my mother, who lived and died in New York, but apparently still has a safe deposit box in her name in Ohio? She died 15 years ago, I am only surviving family member. There was no will and no assets beyond funeral expenses.
answered on Apr 19, 2022
You may have to open probate in New York to get an executor appointed who would have authority to go to the bank and remove the assets. If you just want to find out whether anything is in the safe deposit box, then Ohio has a mechanism to allow access for the purposes of creating an inventory of... Read more »
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