QUESTION
What exact forms I need to print out and file for a probate?
Asked on Dec 31st, 2015 on Estate Planning - Ohio
More details to this question:
My mother recently passed away and left no will. She and my father were together but never married. We would like to keep her estate. She has a house and a car that we plan on keeping and if possible, I would like to sign them over to our father since he and my brother are currently living in her house. Also my brother is a minor child. Therefore, he will need someone to be appointed guardian as far as speaking for him on behalf of the property, correct?
2 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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The forms necessary for a probate depends on what state you're in. You need to check with the local probate court. If the house has a mortgage or the car has a loan, in order to keep them; you need to either have the lender agree to assign the loan to you or you'll need to refinance them and pay off the old lenders. If there aren't any loans, then keeping them is no problem. Since your brother has a living father, he doesn't need a guardian. His father will speak for him.
Answered on Jan 25th, 2016 at 3:26 AM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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I am so sorry for the loss of your mother. I would recommend that you speak to an experienced probate attorney. Given that your parents were not married and there is a minor child, it makes the matter more complicated. The forms for probate court depend on whether she had a last will and testament, the amount of her assets, and how those assets were titled.
Answered on Jan 20th, 2016 at 5:18 PM