Ohio Estate Planning Legal Questions

A power of attorney lapses on the death of the principal (your father). In Ohio, what you need to do is open your father's estate in the probate court of the county where he resided. As part of this, you would nominate yourself to be his executor and notice would be given to your sister (and any other siblings). Do not (for God's sake) get in a contest with your sister over who should be the executor, the judge might settle it by appointing an "independent" executor, usually a crony of the judge, he or she will bleed the estate dry with huge legal fees.... Read More

Insurance companies just write $35,000 checks and mail them at random. The beneficiaries have to apply for the money. There are two possibilities. First, someone got all the info and applied for the money back in the day - in which case the money is long gone. or Second, nobody applied for the money - then there's two options - A. if the insurance company knew of the death, they paid the money to the state where he lived and you can get it back from the unclaimed property department or the insurance company still has it. You can check to state unclaimed property online but you probably have to write the insurance company.... Read More

The bank is required to report cash payments over $10,000 to the IRS (there are some exemptions - like businesses that have large cash deposits in the routinely). If your inheritance is from a CD, then the payment will be a check. There is no reporting requirement for checks. If you use the money to buy gold, silver or precious metals, if you sell them for cash, the bank would have to report the deposit if it's in excess of $10,000. Since gold, silver and precious metals are TERRIBLE investments, it's unlikely that you'd have $10,000 out of a $23,000 investment. There is no market for consumers to sell gold, silver or precious metals. When a consumer wants to sell these items, he or she will have to take a huge discount from the market price (usually over 30%) and will have to pay fees to assay the metal (which means to have an expert analyze to determine the chemical composition), you'll have to pay a re-melting fee (whatever form your gold is in the buyer will want another form and you'll have to pay for changing it) and you'll probably have to pay a service charge. If you really, really believe that these are a good investment, instead of spending the whole $23,000, just buy one gold coin or bar - THEN TRY TO SELL IT. If you want to buy gold, etc. because you believe the world is going to hell in a handbasket and paper money will be worthless - that's your call but it's not an investment, it's an expense.... Read More

Your neighbor doesn't have the right to put a drain on your property unless you give it to him/her. I would strongly advise against this. First, there is the issue of allowing a drain where you don't control the effluent that might enter the river - you could violate antipollution laws if his septic system isn't correctly installed and maintained. Second, this isn't rainwater we're talking about, this is toilet water with the risk of major yuck contamination if the drain fails. If you do decide to allow him/her to place a septic system drain across you're property. 1. require that he/she give you plans for the entire system which have been approved by a professional engineer (which means one who is licensed by the state for approving projects). 2. require that the work be inspected and approved by a testing firm or professional engineer prior to it's being buried.... Read More

Real estate needs to be probated in the state where it is, because, for example, a Michigan judge can't issue a deed for property in Florida. ?Most states have simplified procedures for small estates but you're going to need to get the car title transferred in the state where it's located and the real estate transferred in the state where it's located.... Read More

From the facts I would say that your sister owes the estate $50,000 unless the land contract states otherwise. If she would like to keep the property she should have to fulfill the terms of the contract. There are more facts needed and also a review of the will is necessary to properly answer your question of what you are entitled to.... Read More

That answer would depend on whether or not your children's father had a will. If he had a will and specifically disinherited them, they would not have any right. However, if he did not have a will, they would have a claim to the estate under the laws of intestate succession. It sounds like you may also have a claim for child support. If you would like further assistance, I would be happy to help.... Read More

To contest a will, you'd need evidence that the will wasn't signed by the deceased in front of the witnesses. Since the people who inherit aren't allowed to witness a will, I would advise you to contact the people who signed as witnesses and check if they actually witnessed the deceased signing it.... Read More

Ohio doesn't have any law that authorizes an parent to waive his/her parental rights. Parental rights can be terminated by a court - for abuse or neglect and parental rights are terminated if a child is adopted and an adoptive parent replaces the biological parent. But if the children were not adopted and no court ever terminated the father's parental rights, then as the father's biological children, they have the right to inherit - as long as the father died without a will. If a person writes a will, then the inheritances go as directed in the will. Without a will, children have the right to an inheritance. They might have to prove their relationship but with DNA testing that's simple today.... Read More

There is no automatic right of a former spouse to receive any money from the estate of a deceased ex-husband or ex-wife. Unless the divorce decree has a specific provision concerning inheritance, the ex-wife would receive nothing - which is generally the case. Usually, if the decree has a death payment to the former spouse, it's in the form of a life insurance policy.... Read More

See an attorney, what you're asking to do which would involve quit claiming the income producing properties as well as your house to your husband alone, would generally be possible in a common-law state and have very little effect upon you except to limit their available to your creditors. In a common law state it might be another matter.... Read More

What right does your father have to demand support from you and your sister here in the United States? I know of no law that would force you to support him. He is just trying to bully you and your sister to support him. This is not a healthy relationship to have with your father. You need to cease all communication with him and get on with your life and take care of your husband and children.... Read More

I am not sure what legal theory would enable a father to demand support from his children. Deeds can be filed to change the ownership interest in the investment real estate. The marital home can be retitled as with you and your husband as tenants by the Entirety to protect it from creditors. You should consult with a lawyer to determine the best way to transfer ownership of the investment properties without inadvertently creating a taxable transaction.... Read More

Signing the document will indicate to the court that you have no objection to a Conservator being named to handle your father's finances or to the person being recommended for that position and that you agree that no bond should be given by the Conservator to guarantee her performance of the required duties. It will also take your name off the list of people who must be informed of any hearings or other actions during the process of getting the Conservator appointed. Whether the attorney has a conflict of interest will depend on that state's statutes and regulations.... Read More

That depends. Have you been appointed as personal representative by the probate court? If YES, then you DO have the right to access the box. If you have not been appointed by the court, then you need to get permission from the probate court to search the box. You can only remove deeds to burial plots or Wills found there. You can, however, determine if there are other assets that would need to be probated. If you have opened an estate, the bank will allow you access to the box once you show them your Letters of Authority.... Read More