Ohio Estate Litigation Legal Questions

It looks like Ohio probate law allows you six months after the death of the person who owed you money to make a claim against his estate.  You can do this by sending a demand letter to the executor of the estate with the details of the claim, or filing a claim with the probate court.   If you are sending a demand letter, I recommend sending it registered mail so you have proof of when it was sent.  If probate has not been filed yet, you can seek to be appointed to administer the estate in addition to filing your claim.       ... Read More

If you are listed as a beneficiary on employee benefits like 401 Ks or pension or insurance, that is your money and not the estates. If you are a beneficiary, the company will talk to you and will not want to deal with the estate attorney. Call the company and ask if you are the beneficiary. They wont lie to you. As to the other problems, estate issues, if you are not getting along with the Executor and the estate attorney, talk to a local attorney. He can make a written request from the estate attorney to look at documents. ... Read More

A check made payable to an estate can only be cashed in an estate checking account. If an estate has been established, then an account can be opened with a bank. The bank will usually require letters of authority from the court showing that the individual has been appointed the administrator or executor. Please be advised that the above answer is for information purposes only and is not intended to create an attorney client relationship.... Read More

It depends. If the account is a joint or pay-on-death account (sometimes call a "Totten Trust"), the balance in the account passes automatically to the survivor or payee on death. If the account is solely in the name of the deceased and is disposed of under a will, then the account is part of the estate and passes as provided in the will.... Read More

Seek legal counsel immediately. From your question, it sounds like your mother has a trust or estate that is not being administered. If you were named trustee of the trust or executor of the will, you are obligated to take control of your mother's assets and to carry out the terms of the document. If you do not take the responsibility, another family member can apply in court to administer the estate. Because your mother died more than five years ago, you may need to take extra steps to make sure things are done correctly. You should not continue to try to handle things on your own. Contact an experienced probate attorney, who can guide you through the steps necessary to settle your mother's affairs. Tonya R. Coles Elder Law -- Estate Planning -- Probate www.tonyacoles.com... Read More

When a person dies, his or her assets can be categorized as "non-probate" or "probate".  Non-probate assets are assets that have a living beneficiary or joint owner, and the asset goes to the surviving beneficiary or joint owner at the death of the owner/co-owner.  Probate assets are assets that are titled in the name of the deceased person and do not have a living beneficiary or joint owner, and the probate court oversees the distribution of that assets according to the deceased's will, or if there is not a will, according to Ohio's intestacy statute. The question now is why you received the life insurance proceeds.  Is it because your father listed you as the beneficiary in your individual capacity (as opposed to your role as the person he named as responsible for his funeral arrangements)?  If so, you are likely entitled to those funds as "non-probate" property.  You should request a letter from the insurance company that specifies your father's insurance beneficiary designation.  Unfortunately, I would not recommend that you rely solely on the fact that the insurance company sent it to you as enough evidence that it is yours, especially if your mother is threatening to sue you. This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliates companies. You may wish to consult an attorney for specific legal advice.... Read More

An executor is the person(s) named in the last will and testament ("will") who has the responsibility of following the terms of the will.  Being nominated as the executor in the will is not enough; the executor must apply to the probate court in the county in which the will was admitted to receive his or her formal appointment pursuant to R.C. 2113.01.  The executor has the responsibility of collecting all of the assets and reporting to the probate court.  R.C. 2113.25. One of the issues here is whether the assets are probate or non-probate assets.  Probate assets are assets overseen by the probate court and distributed by a will or intestacy statute by the executor or administrator.  Non-probate assets are the opposite; they are assets that have a joint owner or beneficiary and that joint owner or beneficiary receives the assets at the owners death outside of probate court.  If the money is a probate asset, meaning it was titled in your father's name alone with no beneficiary designation, then the money must be distributed according to the terms of your father's will and should not be co-mingled with any personal assets of the executor or anyone else.  If your brother was named as joint owner or beneficiary of the account(s) that contained the money, then it is possible your brother is legally entitled to the funds and does not have to share with you despite the will, because the way your father established the account(s) controls, not the will.  The same is for the bonds and the house.  If there is no joint owner or beneficiary, then the bonds and house are distributed according to the terms of your father's will.  The executor cannot violate the terms of the will to benefit the executor. It sounds like it is important for you to determine how the assets were titled at your father's death and the names of the beneficiaries, to figure out if your brother is acting appropriately.  You may also wish to pay close attention to the documents filed by the executor to ensure you are in agreement as you have limited time to file objections (for example, see R.C. 2115.16).  Best wishes, Amanda This response is general in nature and is not legal advice.  No attorney client relationship is formed by it.  Further, the response does not represent the opinions or views of LexisNexis or its affiliates companies.  You may wish to consult an attorney for specific legal advice.... Read More