Ohio Estate Planning Legal Questions

The debts of your parents are to be paid from their estate. No other person is liable for the debts unless they took money from the estate as a beneficiary before debts were paid. If there are no monies available, the estates are insolvent, then the creditor will have to write off the debt.... Read More

All of a decedent's bills should be paid out of the estate. If the estate is insolvent, then they are paid in a statutory order of priority. Do not pay any bills of the estate until you know what the total amount is, and to whom it is due, so that you can work out the correct payments according to the statute.... Read More

If your parents died leaving no assets, then the nursing home may be stuck with the balance or the nursing home may be able to have the bill paid from some other source. The nursing home may claim that you and/or your siblings are liable for this bill. Something may have been signed by one or more siblings making you liable for the bill, but, you will need to check with an attorney to see if you are liable for this bill. Generally, a child is not liable for the bills of a parent, but, there are exceptions to every rule. Do not be surprised if the nursing home attempts to bully you into thinking that you are liable for the bill, even if you are not. No matter what the nursing home says, do not agree to pay any part of the bill without first consulting an attorney.... Read More

The executor of each of their estates will gather all of their individual and joint assets. After insurance pays whatever bills it covers, those assets will be distributed to the remaining creditors, according to statutory priority. Any remaining debts will have to be written off by those businesses.... Read More

This is a bit bizarre. If you father has Alzheimer's disease, he is probably not legally competent to enter into contracts. It would have to be an official diagnosis from a physician who is familiar with his condition. That means the contract is void. This sound serious enough, you will need an attorney to handle it. I suggest the attorney get a letter from the doctor stating this clearly and in some detail and send the letter to the other side. They should back down and drop it.... Read More

Obtain yourself probate litigation counsel now, to represent you; your father did not have mental capacity to sign any documents, and therefore did not have the requisite legal capacity to enter any contract for the sale of the property; don't let the other side spook you by their threats, and have your counsel remind them they can be liable for attorney fees and costs in trying to enforce an invalid contract; your probate litigation counsel can put a Notice of Lis Pendens on record against the property, which basically means notice to the world there is a lawsuit pending against the property. Also, you will need to obtain counsel that can prepare a conservatorship of your father and his estate.... Read More

You should review your estate planning documents (will, trust, power of attorney, living will, etc.) every three years or so. When you review them, ask yourself if they are still meeting your needs. If not, schedule an appointment with an experienced estate planning attorney to discuss updates. You should also review your estate planning documents whenever you have a major life change, such as: death of a loved one; birth of a loved one; your children reach the age of majority; you move to another state; marriage; divorce; major change in financial status; retirement; etc. A major life change often requires an update to your estate plan. If you are not sure if your plan needs to be changed, or if you want to find out if there have been any changes in the law that affect you, you can always schedule a consultation with an estate planning attorney. Many attorneys will do a basic review of your current documents and provide suggestions about what needs to be updated. You can then decide if you want to retain the lawyer's services to make those updates. Tonya R. Coles Elder Law -- Estate Planning -- Probate www.tonyacoles.com  ... Read More

The word "Executor" is used only with a Probate Estate. The person who controls the investments and distributions from a trust is called the Trustee. The Trustee of a trust owes a duty to the beneficiaries to act in good faith, with knowledge of the facts, and using reasonable judgment. The fact that you are even asking this question suggests that your husband may not know enough about the particulars of the trust. For example, what his powers are, the purpose of the Trust, whether it's a grantor trust, if he needs to get a mortgage to protect the trust on the home equity loan, and more. I strongly suggest your husband get legal counsel to discuss these matters. Perhaps the attorney who drafted the trust in the first place. Perhaps an entirely different person who does not have a potential conflict of interest between his mother and him as the Trustee. Hope that helps.... Read More

It is easy enough to take care of this. All he needs is an affidavit that with a copy of the Death Certificate attached. If he has a will, this would be a good time to get the will updated and have the affidavit taken care of. If he doesn't have a will, he really should hire an attorney to prepare both his will and the affidavit.... Read More

You *do* have a deed, and it is recorded in the county recorder's office. It may even be available on the recorder's web site, depending upon the county. You can go to the county recorder's office in person and ask how to get a copy of your deed. They most probably will help you find it. There will be a modest charge to photocopy it. Get a copy. Then make one to keep, and send the other copy to your attorney.... Read More

First: Is the attorney the Executor of the Estate? If not, he has no authority to spend any money. Second, if this is a true Estate and not a Trust, the Executor is required to make periodic reports of income and expenditures to the Probate Court. These are public records, and many courts have these documents available on the Court's web site. Third, you or someone on your behalf should go to the Probate Court and talk to a Magistrate, or a Clerk, or the Judge, if it's a small county and this is possible. Of course, I am assuming you are named a beneficiary under your great-aunt's will, or if she did not have a will, that you are entitled to inherit under the statute of descent and distribution.... Read More

I would imagine your ex-husband has or will write a new will taking you out of it. The divorce decree is the final division of your property, and you should follow what you agreed or were ordered to do. The other questions you have should have be dealt with during the divorce proceeding. You should be asking these questions of your divorce attorney.... Read More