Ohio Probate Legal Questions

While as a courtesy credit card companies often waive interest after the date of death, like any other unsecured creditor, a credit card company has a claim against the estate which must be paid before the real estate or any other property can go to the benefciaries under the Will.  Some states have rules as to the order in which debts must be paid and rules about how and when claims should be submitted.  Please consult your probate attorney about the rules in Ohio.... Read More

Much of this is going to depend on what the foundational documents say for the church as a 501C3, your mother's will, and how the house was titled. Personal conversations between you and your mother will be overridden by whatever the text of those foundational documents are. Without reviewing those a lawyer is not going to be able to tell you what your rights are.... Read More

If no secondary beneficiary was named, the policy is part of the estate.  If there was no Will, you may be able to file a Small Estate Affidavit.  Keep in mind that even this may take more than half of the $2,000.  Ask a local probate attorney about how it works where your mother lived and died.... Read More

Anyone can apply to be appointed administrator (no will) or executor (with a will) for any probate estate. If that application is contested, the Court will hold a hearing to determine who the best person is to administer the estate. You don't have to wait for anyone's permission to file the application.   On the other hand, if ALL you're looking for is to claim life insurance policies, then you may not need to open an estate at all. Contact the life insurance companies and report his death, then comply with their requests for information. All they should need is a death certificate and some of their forms filled out and they will start making distributions to the named beneficiaries. ... Read More

To be appointed executor by a court, a person has to be named executor in the Will.  Location has nothing to do with it, though an out of state applicant may need to appoint an in-state representative (usually the probate lawyer). If the person holding the Will refuses to file it (a criminal offense in many states), your husband can simply hire a local probate lawyer to file an application to determine heirship (assuming that he is an heir).  If the Will gives the uncle more than he would get as an heir, he will likely produce it.  If there is no Will, the property will pass to a surviving spouse and children in preference to siblings. Uncle's threats may be empty.  Many states have an heirs' partition law which requires that heirs buy one another out at fair market value and does not allow shills to bid to deprive the heirs of the value of their inheritance. Talk to a probate lawyer in the county where the person lived and died.    ... Read More

Contact a local probate lawyer.  Check on the cost of probate in your state and in your circumstances.  It is generally different if someone left a will.  Some states also have a special procedure if little is involved.  Please be aware that the cost in your state might be as much or more than the amount payable under the policies.  If so, you may want to let it go.... Read More

While your mother may have legal capacity to gift her house or change her Will, if she is using Medicaid, the house will still be subject to the Medicaid Estate Recovery Program and she will have committed Medicaid fraud -- unless Ohio has a transfer on death deed and a rule that Medicaid can only recover from what passes under the probate estate.  The latter seems highly unlikely.  Check with an Ohio elder law attorney.  You can find one using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org). The mortgage likely has a "due on sale" clause and would be accelerated (due now) if your mother transfers the house, whether now or in her Will. Please also think  about taxes.  If your mother gifts the house now and the person receiving it later sells it, they will owe capital gains tax on the difference between the net sale price and the price at which your mother bought the house.  If your mother gifts the house on death, whether by Will or by a transfer on death deed, and the person who receives it later sells it,  they will only owe taxes on the difference between the net sales price and the value of the house on the date your mother dies.  In either instance, if the home has been the person's home for two of the previous five years, the first $250,000 will be exempt ($500,000 if they are married and it has also been their spouse's home for two of the previous five years.)    ... Read More

If your father was no longer married to her, how is that preventing you from seeing the will. I would suggest going to your father's house and seeing if you can find it in his filed. If you know or come across the name of his lawyer, you can contact that lawyer and see if he has the will on file. The fact that you have no communication with your father's ex-wife should not have any bearing on your seeing the will.... Read More

In short, the title department is right. Unfortunately, the law states that property titled in your husband's name must go through probate. There are carveouts for vehicles and boats, but I am not aware of any carveout for campers.  Having your name on the loan documents is different from having ownership. What the probate issue deals with is ownership. Since, based on what you have said, your husband was the only one on the title, assuming that there was no transfer on death designation, the camper will have to be probated in order for you to sell it.... Read More