Ohio Estate Planning Legal Questions

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203 legal questions have been posted about estate planning by real users in Ohio. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.
Ohio Estate Planning Questions & Legal Answers - Page 7
Do you have any Ohio Estate Planning questions page 7 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 203 previously answered Ohio Estate Planning questions.

Recent Legal Answers

Do I have the right to open the deposit box for I am my mother's executor?

Answered 11 years and 11 months ago by Mr. Brian Haggerty (Unclaimed Profile)   |   12 Answers   |  Legal Topics: Estate Planning
Are you saying that probate is still open two years after your mother passed? In order to have the rights of a personal representative, you have to submit your mother's will to probate.
Are you saying that probate is still open two years after your mother passed? In order to have the rights of a personal representative, you have to... Read More

Do I have the right to open the deposit box for I am my mother's executor?

Answered 11 years and 11 months ago by Jayne L. Sebby (Unclaimed Profile)   |   12 Answers   |  Legal Topics: Estate Planning
If the estate is still open, you, as executor, still have the authority to open the box. However, since it is co-leased by others, they should be made aware of your intentions and be present at the time you open the box. That way there can be no complaints that you removed their possessions as well as your mother's.... Read More
If the estate is still open, you, as executor, still have the authority to open the box. However, since it is co-leased by others, they should be... Read More

Do I have the right to open the deposit box for I am my mother's executor?

Answered 11 years and 11 months ago by attorney Dara J. Goldsmith, Esq.   |   12 Answers   |  Legal Topics: Estate Planning
Possibly, if state law gives you that authority as a court appointed executor. However, you will want it to be witnessed an inventoried since there are other owners. The should be present if possible. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.... Read More
Possibly, if state law gives you that authority as a court appointed executor. However, you will want it to be witnessed an inventoried since there... Read More

Do I have the right to open the deposit box for I am my mother's executor?

Answered 11 years and 11 months ago by Randall C. Romei (Unclaimed Profile)   |   12 Answers   |  Legal Topics: Estate Planning
Safe deposit boxes have annual payments. Who has been paying the fee? As the nominal executor you are obligated to investigate the safe deposit box to determine if any estate assets exist. If a probate was opened and is now closed you could reopen the probate to obtain the authority to open the safe deposit box. There is also a statutory procedure whereby the financial institution can allow you as the executor named in the Will to view the contents of the safe deposit box.... Read More
Safe deposit boxes have annual payments. Who has been paying the fee? As the nominal executor you are obligated to investigate the safe deposit box... Read More

Do I have the right to open the deposit box for I am my mother's executor?

Answered 11 years and 11 months ago by attorney Sabina Tomshinsky   |   12 Answers   |  Legal Topics: Estate Planning
Per the Florida Probate Code you may access the contents of your mother's safety deposit box if certain requirements are met such as having a copy of the death certificate and witnesses to your access. There are also additional steps that must be taken to inventory the contents of the box after gaining access to the same. You really should consult with a probate attorney in your area to ensure that everything is done right.... Read More
Per the Florida Probate Code you may access the contents of your mother's safety deposit box if certain requirements are met such as having a copy of... Read More

Do I have the right to open the deposit box for I am my mother's executor?

Answered 11 years and 11 months ago by James Timothy Weiner (Unclaimed Profile)   |   12 Answers   |  Legal Topics: Estate Planning
If you have been appointed personal representative of her estate by a probate court you have the right to open it.
If you have been appointed personal representative of her estate by a probate court you have the right to open it.

What are my options if I was told that I was overpaid and I should send some money back to the trust?

Answered 11 years and 11 months ago by Edward L. Armstrong (Unclaimed Profile)   |   12 Answers   |  Legal Topics: Estate Planning
You don't specify what type of cross is involved in your question. Is the trust one that was established in somebody's last will and testament? Or was the trust a living trust in other words one that was established by the person owning the assets subject to the trust. You also did not specify in your question from whom this request to repay came. I would suggest that you retain counsel to represent you in this matter to make certain that you actually owe the Psalms which have been.... Read More
You don't specify what type of cross is involved in your question. Is the trust one that was established in somebody's last will and testament? Or... Read More

Does lost money tied up in state include great grandchildren and how do I find out how much is there?

Answered 12 years ago by James P. Frederick (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Estate Planning
I depends on the situation. In most cases, if there is a Will, the assets would pass according to the terms of the Will. There are some exceptions which include allowances for exempt property and family. You may be able to collect the funds on these bases, although there may be an uphill battle with the state. It would seem that the Will beneficiaries would also have incentive to fight you on this.... Read More
I depends on the situation. In most cases, if there is a Will, the assets would pass according to the terms of the Will. There are some exceptions... Read More

Can anything be done with a term life policy worth about $50,000?

Answered 12 years ago by Georges Herman Shers (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Estate Planning
Check with the insurance company as to what they allow in your case, but term insurance normally has no face value.
Check with the insurance company as to what they allow in your case, but term insurance normally has no face value.

Does my son need a lawyer to execute the will I am leaving for him?

Answered 12 years and 4 months ago by Roger Durkin (Unclaimed Profile)   |   18 Answers   |  Legal Topics: Estate Planning
No, but you should have identified witnesses attest to your signature; better have your signature notarized.
No, but you should have identified witnesses attest to your signature; better have your signature notarized.

Does my son need a lawyer to execute the will I am leaving for him?

Answered 12 years and 4 months ago by Edwin K. Niles (Unclaimed Profile)   |   18 Answers   |  Legal Topics: Estate Planning
Execute means to sign the will. If you mean probate , probably, if your assets (in your name alone) are over $100,000.
Execute means to sign the will. If you mean probate , probably, if your assets (in your name alone) are over $100,000.

What can I do if elderly mom was schmoozed by married attorney?

Answered 12 years and 4 months ago by Erven T. Nelson (Unclaimed Profile)   |   16 Answers   |  Legal Topics: Estate Planning
I would love to handle this case personally. The attorney has violated all sorts of criminal and civil laws, not to mention ethical rules. I would sue him for malpractice, breach of fiduciary duty, undue influence, elder abuse and fraud. I would also make demands on every kind of insurance he has particularly malpractice and homeowners. I would immediately file a complaint with the State Bar Association. Let me know if you need help finding a good lawyer to help you.... Read More
I would love to handle this case personally. The attorney has violated all sorts of criminal and civil laws, not to mention ethical rules. I would... Read More

How do I read the ten percent of value terminology in a will?

Answered 12 years and 6 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   22 Answers   |  Legal Topics: Estate Planning
It sounds like 10 percent divided three ways.
It sounds like 10 percent divided three ways.

How can I obtain or view my grandfather's will that my uncle has?

Answered 12 years and 7 months ago by Mr. James G Maguire (Unclaimed Profile)   |   19 Answers   |  Legal Topics: Estate Planning
If the will was probated in court, it is a public record. Call the clerk of court of the parish where he lived, and ask for a copy of the will.
If the will was probated in court, it is a public record. Call the clerk of court of the parish where he lived, and ask for a copy of the will.

How can I obtain or view my grandfather's will that my uncle has?

Answered 12 years and 7 months ago by attorney Dara J. Goldsmith, Esq.   |   19 Answers   |  Legal Topics: Estate Planning
Under Nevada law a Will must be lodged with the court within 30 days of death. Check with the courthouse where your grandfather died to see if it has been lodged and order a copy. If not, inquire by certified mail if that has been done.
Under Nevada law a Will must be lodged with the court within 30 days of death. Check with the courthouse where your grandfather died to see if it... Read More

Can an adopted sibling take away a property that was deeded to another sibling by mother, upon mother's death?

Answered 12 years and 7 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   14 Answers   |  Legal Topics: Estate Planning
No. Once the deed is in the child's name, only the child can change the title.
No. Once the deed is in the child's name, only the child can change the title.

How can we obtain my dad a card without him having to change his name legally?

Answered 12 years and 7 months ago by James P. Frederick (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Estate Planning
More information is needed. What is the difference? People use lots of variations of their names. Depending on the needs, you may be able to get the documentation you need without a problem. What problems would it create to have the ID in the birth name? Assuming everyone else knows him by the name he has been using, will this make any practical difference?... Read More
More information is needed. What is the difference? People use lots of variations of their names. Depending on the needs, you may be able to get the... Read More

How can we obtain my dad a card without him having to change his name legally?

Answered 12 years and 7 months ago by Michele Ungvarsky (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Estate Planning
Gather his records with the name he prefers and request the state modify the birth certificate. You might also explore having his name legally changed in a court action, this is usually relatively inexpensive.
Gather his records with the name he prefers and request the state modify the birth certificate. You might also explore having his name legally... Read More

How can we obtain my dad a card without him having to change his name legally?

Answered 12 years and 7 months ago by attorney Christine James   |   9 Answers   |  Legal Topics: Estate Planning
I would call a high official at the DMV and explain the situation. If his SSN and all other documentation is in the name he uses, he should be able to get an ID card in that name. Especially if he formerly had a driver's license or ID card in that name.
I would call a high official at the DMV and explain the situation. If his SSN and all other documentation is in the name he uses, he should be able... Read More

How can we obtain my dad a card without him having to change his name legally?

Answered 12 years and 7 months ago by Thomas Edward Gates (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Estate Planning
He can have the court change his birthright name to the one he has always used.
He can have the court change his birthright name to the one he has always used.

How can we obtain my dad a card without him having to change his name legally?

Answered 12 years and 7 months ago by Victor L. Waid (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Estate Planning
Obtain the services of a family law attorney who can prepare a petition for an order changing or modifying his name.
Obtain the services of a family law attorney who can prepare a petition for an order changing or modifying his name.
He should legally change his name and file a fictitious firm name in the county he resides. You will avoid many more issues in the future. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.... Read More
He should legally change his name and file a fictitious firm name in the county he resides. You will avoid many more issues in the future. This... Read More

Who will pay for the nursing home bill if my parents are already dead?

Answered 12 years and 8 months ago by Kelvin P. Green (Unclaimed Profile)   |   19 Answers   |  Legal Topics: Estate Planning
I am assuming the nursing home bill was one of your parents. If so the estate is responsible for the debt. It depends on what kind of estate they left behind. You as a child are not responsible for their debts.
I am assuming the nursing home bill was one of your parents. If so the estate is responsible for the debt. It depends on what kind of estate they... Read More

Who will pay for the nursing home bill if my parents are already dead?

Answered 12 years and 8 months ago by Roger Durkin (Unclaimed Profile)   |   19 Answers   |  Legal Topics: Estate Planning
If there was a will, then the Executor should Probate the estate, gather what remaining assets there were, pay the admin costs of probate, last debts, and divide the remainder among legal heirs. The nursing home likely would have a lien on the Estate.
If there was a will, then the Executor should Probate the estate, gather what remaining assets there were, pay the admin costs of probate, last... Read More

Who will pay for the nursing home bill if my parents are already dead?

Answered 12 years and 8 months ago by attorney Dara J. Goldsmith, Esq.   |   19 Answers   |  Legal Topics: Estate Planning
Their assets are responsible, or if you received any assets from them you could be responsible.
Their assets are responsible, or if you received any assets from them you could be responsible.