Ohio Probate Legal Questions

If your name is on the deed and on any joint bank accounts, then you have a claim to those assets even if you were not legally married to your ex. The value of your claim would depend upon how these accounts were held, either as tenants in common or as joint tenants with rights of survivorship. Consult with counsel in your jurisdiction for specific advice. ... Read More

To a certain extent, it depends on what items you're talking about and what estate planning documents your father had in place.  If items were in a Trust for example, the terms of the Trust would govern what happens with those items.  Generally speaking however, household goods are part of a person's probate estate and nobody has the legal right to remove those items.  They must be inventoried and distributed in accordance with the order of the probate court.... Read More

The short answer is maybe.  In order to create or change a Will your grandmother needed "testamentary capacity."  This requires that when she signed the Will she: Understood the nature of the business in which she was engaged; Comprehended generally the nature and extent of the property which constituted hed estate; Held in her mind the names and identity of those who have natural claims on her bounty; and Appreciated her relation to the members of her family. Even if she had some mental difficulties, if she had a "lucid interval" and could satisfy the above criteria, then amendment to the Will would be legally valid.  That being said, if there were concerns about that, you can always challenge the Will.  Time may be of the essence as you only have 3 months from the date a Will is probated to challenge it. See Section 2107.76 of the Ohio Revised Code (link below) https://codes.ohio.gov/ohio-revised-code/section-2107.76... Read More

See Section 5808.13(c) of the Ohio Revised Code.  (link below)  As a beneficiary of a Trust you can demand a full accounting and he is legally obligated to provide one to you. https://codes.ohio.gov/ohio-revised-code/section-5808.13   If the brother knows where the Will is etc., and refuses to produce it that is also a violation of Ohio Statutes.  See Section 2107.10 of the Ohio Revised Code.  https://codes.ohio.gov/ohio-revised-code/section-2107.10   Ultimately, if he is refusing to fulfill his obligations at law, then your recourse is to hire an attorney and bring a lawsuit against him.    Best of luck.      ... Read More

In short, it depends on how money was left to them.  If your children were beneficiaries under a Will they must be notified if a probate of the Will is started.  You can check the probate court in the county where the grandfather resided when he died to see if a case has been opened.  If they were listed as beneficiaries under something like a life insurance policy, that's when things get tough.  Somebody would have to know about the policy and notify the company that he has passed away.  The company administering the policy would send out a claim form to any beneficiaries.  Best of luck.  ... Read More

If no estate planning is in place, then yes.  Under the Statutes a surviving spouse has some rights to inherit from you.  How much etc., depends on the specific circumstances.  Keep in mind that you can prepare an estate plan to address some of these concerns.  I suggest sitting down with an estate planning attorney near you to discuss.... Read More

You are unable to notarize your own signature as a matter of law.  Notaries are often used to help avoid hearing or litigation in the future.  However, notarization is not a per se requirement to create a valid Will.  See Section 2107.03 of the Ohio Revised Code.  As long as two witnesses can attest to the required formalities, the Will should be satisfy that provision of the law.... Read More

The Ohio Supreme Court maintains a directory to locate all currently licensed attorneys.  The link is below: https://www.supremecourt.ohio.gov/attorneysearch/#/search   I'm not sure if it's the same person, but a Robert Urban Jr. is an assistant prosecutor with Tuscarawas County.  If that does not work you will likely want to speak with another probate/estate planning attorney to address your concerns.  Sometimes the Will is recorded in the County of residence.    Best of luck.... Read More

I suggest speaking with a probate attorney who practices in the county where your father lived when he passed away.  Lawyers on this forum cannot directly reach out to you, you will need to initiate contact.  You can use the Find a Lawyer tab on this webpage, check with a local bar association, or ask friends and family if they can refer you to an attorney. I'm sorry for the situation you find yourself in.  Best of luck in working through these issues.... Read More

You will need to contact a probate attorney in your area about this.  The devil is in the details and you rights vary depending on the exact circumstances.  Also, attorneys are not permitted to reach out to you.  You need to determine which attorney/attorneys you would like to contact and initiate communication from your end.   Best of luck.... Read More

Generally speaking, creditors have 6 months from the date of death to present a claim against the estate to the appointed administrator.  See Section 2117.06 of the Ohio Revised Code (link below).  Depending on the details, you may want to sit down with an attorney to see if you have any options available. https://codes.ohio.gov/ohio-revised-code/section-2117.06 Best of luck.... Read More

When you say would she get the home, do you mean if you pass away?  Since this is posted under Wills and Probate, I will answer with those facts.  In short, it depends on what the title says.  If she is on the deed and it is jointly owned with rights of survivorship, then yes, she gets the home if you pass away.  If she is on the deed and there are no survivorship rights, then she owns her 1/2 interest in the property and the other half is subject to your probate estate.  Note that surviving spouses have additional rights here in Ohio, so she may still be able to obtain full ownership in the property depending on the entirety of the circumstances.  Section 2106.10 of the Ohio Revised Code, e.g. I recommend consulting with an estate planning attorney to ensure youe estate is set up properly and your assets will pass the way you wish. Best of luck.  ... Read More

I agree with Ms. Garrett.  A POA is no longer valid after the principal has passed away.  The fate of the house depends on a few things.  1. How was title held?  Was there was joint ownership or a transfer on death beneficiary? Is it owned by a Trust? If no to (1) above, then probate is needed. 2. Is there a Will?  If so, the terms of the Will dictate what happens. 3. if no Will, then Ohio's rules of descent and distribution govern.  (O.R.C. 2105.06) At the end of the day, for a definitive answer you need to sit down with a probate attorney to review your case in detail and advise you. Best of luck.  ... Read More

The duration of probate depends on many factors including family issues, creditors, taxes, Medicaid (if applicable), and what assets need to go through probate.  While there is generally no time limit for initiating probate, keep in mind that nobody can legally manage any of the assets in the deceased's name until the probate court allows it. ... Read More

Unfortunately, when you're dealing with real estate, unless the property was in a Trust or set to pass through operation of title, you are stuck going through probate.  It's a common misconception, but Wills do NOT avoid probate.  Even better, probate is county by county.  So for real estate, you need to open up a separate probate in each county where the property is located.  There may be a simplified probate process available depending on the surrounding facts and status of the estate.  I recommend working with an attorney in the area since every county probate court has their own rules and procedures.  Best of luck.... Read More

The money paid to live there likely will be considered rent.  You will not obtain any ownership rights just by paying the costs and expenses.  Depending on the particulars, you may have a claim against the estate for funds expended in preserving the property.  I recommend sitting down with a probate attorney in your area to go through the facts with you in detail, and advise you. Best of luck.... Read More

Her house is not paid off, but how is title held?  If the home was not in a Trust or set to pass via operation of law, then you're stuck going to probate for the house.  On the bank accounts, having a pin# does not give you the legal authority to remove her funds after she passed.  As with the house, if someone was named the pay on death beneficiary, or if there was joint owership, then the account is reconciled that way.  Otherwise, you're again stuck going to probate.  What happens with those assets depends on the heirs at law pursuant to Ohio's Intestate Statute. (O.R.C. 2105.06).  You likely want to sit down with an attorney to review your situation. Best of luck.... Read More

Hello Sara, I'm sorry for your loss. To answer your quest, potentially.  If your husband opened a separate account the bank may give you a hard time depending on how it was set up.  If the account had a pay on death beneficiary, the bank should pay out the balance of the account once they receive the proper paperwork.  If there was no pay on death beneficiary, then you are likely stuck going to probate to access those funds.  Whether or not this is worth the time and expense is not known, as you are unaware of how much money is in the account.  An attorney may be able to get more information out of the bank.  If nothing else, I suggest meeting with an attorney to review the situation in detail so you know what your options are. Best of luck.... Read More

Hello Ron, You will need to open up a probate estate in order to cash the check.  Until an administrator has been appointed by the probate court nobody has the legal authority to cash a check on his behalf.  Probate can be a very complex process if you are not well versed it the law and procedures.  I suggest sitting down with a probate attorney in or near the county where your father resided when he passed away to review your situation.  If you want to review things yourself, the Ohio State Bar Association and Supreme Court of Ohio has some guidance and forms which may be illustrative. https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/law-facts/law-facts-probate/ http://www.supremecourt.ohio.gov/LegalResources/Rules/superintendence/probate_forms/Default.asp Best of luck.... Read More

Hello, I'm sorry for your loss. From what you describe, you may or may not need to open a formal probate estate.  Many times when I assist clients with similar issues we are able to get things resolved more cheaply and easily than probate would be.  From what you describe it likely would not be very expensive to hire an attorney to assist you.  If you want to attempt the process yourself the Supreme Court of Ohio and Ohio State Bar Association puts out some general guidance and forms which may be of help. (https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/law-facts/law-facts-probate/) ( http://www.supremecourt.ohio.gov/LegalResources/Rules/superintendence/probate_forms/Default.asp ) Best of luck.  ... Read More