Ohio Probate Legal Questions

It sounds like there may have been notice issues.  As an heir, you should have been served notice of the probate of his estate.  If that is not the case, then you need to immediately retain an attorney to intervene in the probate case.  I recommend finding an attorney in or near the county where the probate case is open as each County has their own rules and procedures.  Best of luck.... Read More

Generally speaking, you can fire your attorney at any time for any reason or for no reason.  You would do better discussing the situation with the attorney, finding a new attorney and asking them both to sign and file a Motion to Substitute, substituting in the new attorney.  Depending on where you are in the process (and which judge you are before), your current attorney may not be allowed to simply withdraw.... Read More

I agree with Ms. Garrett.  "How" is going to be far too involved for this type of forum.  There are numerous procedural and substantive issues which must be addressed.  You can try to research the rules of civil procedure, local and state probate rules, as well as the governing statutes for guidance but without knowing what you're looking for it's going to be difficult.  That's why you hire an attorney. Best of luck.... Read More

The short answer is yes.  Certain procedures need to be followed, but if you are not legally entitled to the property, the ones that are can begin eviction proceedings if you refuse to leave when asked. For a more setailed answer I recommend sitting down with an attorney to review your situation in detail. Best of luck.... Read More

You question is a bit unclear.  It seems to indicate that you are not the spouse, AND the surviving spouse.  Generaly speaking, a mortgage is not discharged because of the death and inheritance of real estate.  The debt "runs with the land."  Someone who stands to inherit the property usually will have the option to assume the mortgage or sell the property to satisfy the balance of the mortgage. For any specific advice, you will need to make an appointment with an attorney in your area.  There are too many unknowns at this point. Best of luck.... Read More

Was a probate estate ever opened up?  If so, then the Will is available as a public record.  Depending on the County you may or may not be able to just pull it up online. Also keep in mine Ohio Revised Code 2107.10  If you feel you are entitled to something from your mother's estate you may want to sit down and speak with a probate in attorney about your situation in detail.  I recommend someone in the County where your mother resided at the time of her passing as that is the probate court that would have jurisdiction. Best of Luck.... Read More

You have no obligation to prove that the accounts were POD.  Accounts which are held POD pass outside the Will and are no business of the executor. This is different from any guardianship estate which you may have administered as guardian under court supervision.  That account is usually transferred to the decedent's estate account. If the situation is more complicated than this, you may want to consult with your guardianship attorney.... Read More

While these vary from state to state, it is far too early for you to expect anything.  Among the bills which must be paid before anything is distributed is the 2020 federal income tax.  The 2020 federal income tax return cannot be filed until 2021.  In some states a beneficiary is entitled to request an accounting 15 months after the executor is appointed but not entitled to request the court to replace the executor unless there has been no distribution for 24 months after the executor is appointed.... Read More

Move.  Unless you have a written lease, you are a guest.  No eviction notice is required. In some states, probate attorneys have a listserv or a Facebook group.  You can ask an Ohio probate attorney to post a notice that s/he is looking for the Will of (the deceased's name). In some states, the local probate court will accept the Will for safekeeping.  You can ask the probate court in the county in which he died whether they do this and, if so, whether they have his Will.... Read More

Need a little more information here. It is extremely common to will the house to the surviving spouse, or have it transfer out of probate. If the only person who was harmed by not having rent paid was the surviving spouse, you're going to have a hard time establishing that you are entitled to a portion of the rent that should have been paid by the daughter.    If the house is supposed to go to someone else, then someone should step in as the new executor and complete the probate. The new executor would be able to evict the daughter.... Read More

By "according to probate" do you mean "according to her Will"? Regardless, the only instance in which you need not open an estate in the local probate court is when someone has only left personal possessions of de minimis value (no action) or those and a house without a mortgage (Affidavit of Heirship -- which the courts will not enforce for five years to let any "accidentally" omitted heir object).  You cannot simply take over the mortgage payments and claim the house for yourself or anyone else.  The lender extended the loan based on your grandmother's credit, not yours.... Read More

The assets of the trust are the assets of the trust.  They do not belong to any individual.  The trust instrument determines how they are to be distributed by the trustee on your mother's death.  If you are a beneficiary, you are likely entitled to an accounting.  If not, not.  If you are a beneficiary, you cannot demand a distribution.  The trustee must follow the directions in the trust instrument.... Read More

If your daughter is receiving SSI, you will want the funds to be directed to an account for her benefit with a master pooled special needs trust in your state.  If not, you will want to see whether the funds can be deposited in a Uniform Gift to Minors/Uniform Trust for Minors bank account and, to allow her to receive SSI when she turns 18, at that point be directed to an account for her benefit with a master pooled special needs trust in your state.... Read More

In Ohio a will does not have to be notarized to be valid, just signed by two uninterested parties subscribing to the testator signing the will. Having the one page granting all assets to your sister with no signature is evidence of a fraudulent will.    Under these facts, you have a chance to contest the will as fraudulent and/or the result of undue influence. You really have no downside in doing so as you've been completely disinherited.   If there has been no action taken on the estate, you do not have to wait that long. You can open up the estate as administrator claiming that there is no will, be named administrator, and then proceed to sell the estate property and divvy it up by intestate succession.... Read More

When a Will is submitted to probate, it becomes a public document.  Contact the probate clerk in the county in which your uncle died.  Note that some counties have probate records online. If you know the life insurance company which issued the policy, your mother can present your uncle's death certificate.  If she is a beneficiary, the company will respond.... Read More