Ohio Recent Legal Answers from Lawyers

Was a probate estate ever opened up?  If so, then the Will is available as a public record.  Depending on the County you may or may not be able to just pull it up online. Also keep in mine Ohio Revised Code 2107.10  If you feel you are entitled to something from your mother's estate you may want to sit down and speak with a probate in attorney about your situation in detail.  I recommend someone in the County where your mother resided at the time of her passing as that is the probate court that would have jurisdiction. Best of Luck.... Read Answer

Unfortunately, it doesn't sound like she qualifies for an adult adoption. Ohio requires one of five factors to do an adult adoption 1) the adoptee is totally and permanently disabled, 2) the adoptee is determined to be a mentally retarded person 3) the adoptee had established a child-foster parent or child-stepparent relationship with the petitioner as a minor. 4)  was, at the time of the adult eighteenth birthday, in the permanent custody of or in a planned permanent living arrangement with a public children services agency or a private child-placing agency or 5) is the child of the spouse of the petitioner.   She does not meet any of the criteria, and so you cannot do an adult adoption.... Read Answer

So I've been an immigration lawyer for 25 years. The way I got started is there was an externship at my law school and for three hours a week I would just go to the local county bar association Immigration clinic and folks would come in and we would help them fill out forms and that's how I learned initially. So if you apply to law school, ask them if they have that externship or internship available. Also websites like AVVO and martindale and justia, have question boards where immigration lawyers Answer questions that people post with immigration issues have, for free, and I learned a lot and I'm still learning a lot after 25 years by participating in that endeavor. I wish you the best of luck.... Read Answer

If there is no written lease, your brother is a guest or a tenant at Will.  Your father can change the locks.  He can also bring an eviction suit in small claims court and hire the sheriff to remove your brother.  If your brother is exploiting your parents, anyone can bring a complaint to Adult Protective Services.... Read Answer

Hello Linda, The cost of a trust can vary significantly from attorney to attorney.  I would caution you not to choose your attorney based on cost alone.  When dealing with an estate mistakes can be very costly and it's important to ensure you work with someone who understands estate planning and implications to other areas of law, such as taxes. As to your question about a Will v. Trust, this will require a more detailed analysis of your family's situation and goals.  Trust can be a great tool to help an estate avoid probate, remain private and be administered easier and more quickly.  However, not everyone needs a Trust.  I suggest sitting down with an estate planning attorney to go through your situation and give you some advice.... Read Answer

The death certificate must be obtained.  In most states a small estate affidavit can be filed with the court and, when approved by a judge, used to access assets.  But to access medical records, your wife will have to apply to the court to determine heirship and appoint her the administrator.  Only the executor of a Will or, if there is no Will, the administrator of the estate, is entitled to these.... Read Answer

Hello Scott.  The answer really depends on what you're concerns are, and the status of any outstanding obligations.  Generally speaking, a living trust does not protect assets, however, there may be other options available to you, including the use of an irrevocable trust. You also need to take into consideration the Ohio fraudulent transfer Act. (Ohio Revised Code Ch. 1336).  I suggest you meet with an elder law attorney locally to take a closer look at your situation. ... Read Answer

Hello..If your girlfriend has a job and a minor child and owns property overseas, then it looks good that she may qualify for a B visa. She should bring multiple years of tax returns, deed to her home and any custody order from the court showing she has custody of the minor to her interview. ... Read Answer