Ohio Estate Planning Legal Questions

It is true that to be an administrator you must reside in the same state as the decedent. You can use just about anyone if you sign a waiver stating that you approve of this person as administrator. Many people have used attorneys or family friends to serve as administrator. Whoever you decide to use must be bonded which adds some protection for the estate.... Read More

First issue is: Do you want the house? Or do you want the equity (cash) that your father built up? If you want the house, you can refinance it or continue to pay them on the land contract (probably, you need to have an attorney look at the land contract for you).If you want the money, you can sell the house, pay off the current holder and you clear the difference.... Read More

It only makes sense to reopen an estate if 1, you can prove that property was stolen (suspecting a theft isn't the same as being able to prove one) and 2, you know who has the assets and the court can take them back (it doesn't do any good to get a court ruling that you're the rightful owner of the assets if the assets are in, say, India and the court's order can't be executed yet.... Read More

A power of attorney lapses at death. So a durable power of attorney ("durable" means that it remains in force even if the person becomes incompetent) would be no help.? The deceased's next of kin have the right to decide how to dispose of the remains and a fiancee is not considered related.... Read More

Well, the easiest way is to have your bro sign over his interest but deadbeats tend to imagine the the world (or at least that sliver of the world unfortunate enough to share their DNA) owes them. Nobody buys a timeshare for cash (people who have cash are too smart to blow it on timeshares, magic beans or pirate treasure maps;that's why they have cash), so you can offer to take his name off the loan. Since timeshares aren't worth anything, what difference does it make anyway?... Read More

Pre-nuptial agreements cannot, as the name implies, be altered after the wedding. So, whatever is in the pre-nup is final. Generally, pre-nups do not refer to specific assets which may be inherited in the future, so if the house doesn't fit the treatment set out in the pre-nup, then it will be handled under the general terms of the pre-nup.... Read More

Not necessarily, however if you have had other significant life changes or several years have passed since you executed the first will, it may be a good idea to at least have it looked over by an attorney in the state you relocated to. You should also have a financial and healthcare power of attorney and a living will if desired.... Read More

Are you using the website to do your homework in a business law class? It depends what the terms of the reversionary interest is. If the property must be used for church purposes and the church has ceased this use, then your family needs to file a suit to clear clouds on title to reclaim the property.... Read More

Inheritance rights go to one person at a time. For example, if my father names me his heir and I name my son my heir, as long as I'm alive my son has absolutely no right to my inheritance from my father. So, no one has any rights in your inheritance from your mother as long as you are alive. Second, if you mother has a will, she chooses her heirs, without any limit (except her husband would have some limited rights). She could give her entire estate to the Queen of England, and no one would be able to challenge it (assuming she's not crazy). If she doesn't have a will, her estate goes first to her husband and descendants. Your boyfriend's son is not your mother's descendant... Read More

It's true that your father does not inherit anything from his deceased ex wife, however, things that they bought together are owned 50-50, and things that he bought and/or owned are his. He does not need to give the daughter any access to his home and he needs to inventory all the property, as his, hers and ours.... Read More

Creditors may file a claim in the probate estate of your husband but cannot hold you personally responsible if the credit card is in his name alone. If there are any probate assets the court may require you to use these assets to pay the credit card debts. You may be able to negotiate with the creditors to take a lesser payment in satisfaction of the outstanding debts.... Read More

It is difficult to find a will if you do not know who the attorney is that helped her execute the will. You should look if she has a safe at home, a safety deposit box at her bank or she may have deposited with the probate court in the county where she resides. You can still open an estate without a will if she has assets to probate. That way, if there is a will, someone may come forward with it once the estate is open or the administrator appointed can have access to all of her personal effects and information and be able to investigate easier.... Read More

In the absence of a will the spouse would have the first claim to be administrator and the deceased children would have second place. Meaning that if there is no legitimate objection to the spouse, the spouse would get it but if the spouse had a criminal record, does drugs, stole estate assets, etc. then spouse would be removed. Be careful here, removing or challenging the spouse doesn't mean you will be appointed, often when relatives battle the court will appoint a lawyer as executor, and the bills are often exactly equal to the amount of the estate.... Read More