Ohio Probate Legal Questions

Preparing a Last Will and Testament, Durable Power of Attorney, Health Care Power of Attorney and Living Will should be prepared by qualified counsel. The cost to prepare these documents is relatively affordable, but in the long run are well worth the money spent. The only issue could be your grandfather's competence and ability to cause these documents to be legally prepared. Please call an attorney and not buy a kit. ... Read More

Normally, if your mother in law or you, the POA, requests a copyf of the will from the estate lawyer, he or she should honor such request. If he or she does not, you may be able to request a copy of the will be mailed to you from the court in which it was filed. However, since you say it wasnt filed, that would rule that out. If you cannot obtain a copy on your own, hire a lawyer. He or she can write to the estate lawyer and request a copy. ... Read More

If there is enough value in this property in the storage shed or other assets to fight for, you have the right to become executor of the estate. Since she had no spouse, you as child are given preference over granny. You can then be in charge of the storage shed and everything else your mother may have owned. Yes, if granny paid the funeral bill, she needs to be reimbursed from mom's estate.... Read More

Usually, the local county bar association or state attorney disciplinary board appionts someone, like a receiver to step in and make sure pending business is taken care of. If this wasnt necessary wor was not done the local county bar association may give you the number of another lawyer who worked with him or a family member who can look in his closed files. Lawyers dont always keep wills, most of the time the client does. ... Read More

A life insurance policy is essentially a contract. Upon death of the insured life, the proceeds go to whoever the owner of the policy designated as the beneficiary. If, alternately, there was no beneficiary designation or the estate of the deceased was designated as the beneficairy, then the proceeds of the policy would be distributed per the statue of descent and distribution. In Ohio, if a person is unmarried and has no living children at the time of his or her death, then any inheritance would go to that person's parents. Please be advised that the above answer is for information purposes only and is not intended to create an attorney client relationship.... Read More

If your mother alone would inherit under the law of descent and distribution and she executes a valid disclaimer, then her children, presumably you, would inherit. When there is no valid Last Will and Testament, the statute of descent and distribution is Ohio provides for who inherits property. The statute states that the order of inheritance is as follows: 1. In there is no surviving spouse, to the surviving children or their lineal descendants. 2. If there is a surviving spouse and surviving children and all surviving children are also children of the surviving spouse, then all to the surviving spouse. Alternately, if the surviving spouse is not the parent of all the surviving children then the inheritance is divided among the surviving spouse and surviving children per statute. 3. If there is no surviving spouse or children, to the parents of the deceased. 4. If none of the aforesaid survived, then to the brothers and sisters of the deceased or their lineal descendants. 5. If none of the aforesaid survived, then to the grandparents of the deceased or their lineal descendants. 6. If none of the aforesaid survived, then to the next of kin. 7. If none of the aforesaid survived, then to step children or their lineal descendants. 8. If none of the aforesaid survived, then to the state. If an heir does not wish to inherit property, he or she can execute a valid disclaimer. The law regarding drafting a valid disclaimer and delivering it to the right party is dependent on the particular circumstances. Once a valid disclaimer is executed and delivered to the correct entity, it will be as if the inheriting party predeceased the decedent. Please be advised that the above answer is for information purposes only and is not intended to create an attorney client relationship.... Read More

i only practice in pa, but most states have a small estate process or rules that allow certain assets to heirs without probate. shop around for a lawyer who will handle this for you. I do these small estates for a reasonable fee just to keep traffic coming in the door, even though they aren't very profitable. if you catch a lawyer like me when he is not too busy that week, he may be happy to accomodate you.... Read More

A parent has the exclusive right to name a guardian for their minor or adult disabled child.  While it needs to be in writing, it does not necessarily need to be in a Will, although that is probably the most common way the guardianship nomination is produced. Your daughter's father is her natural guardian until she is 18 (just like you) solely because he is her biological father, unless he has given up his parental rights or they have been terminated.  If you do not wish for him to be guardian if you should pass away, then it may be appropriate to include that information when you complete your guardianship nomination.  Good luck. This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliates companies. You may wish to consult an attorney for specific legal advice.... Read More

Dear Ohio, I truly hate to deliver the bad news, but the named beneficiary takes ALL with no obligation to share a dime.  The pension is a contract and although it was a type which was fully revocable while the teacher was alive, once he passed away, it became irrevocable.  Maybe the recipient of the pension will be found to be empathetic and cover or contribute to the funeral expenses.  Advise the wife to pass the hat and hope that many friends will be sympathetic and generous....tell her to start with the recipient of the pension fund.  Best wishes with everything.... Read More

Dear Ohio, I'm going to assume you purchased the home AFTER your divorce.....If you die without a will, your child will inherit your home through the laws of intestacy.  The mortgage however, is a separate transaction-so to speak.  Whether you die with or without a will, your child will have to go through a court process called Probate and obtain what's called Letters of Office.  These Letters can then be used to negotiate with the mortgage company for your child to either assume the mortgage or renegotiate the terms of the mortgage.  Candidly, the mortgage company will keep taking the money regardless of whose name it's in.  But to ensure your son or daughter has no problems when it comes time to sell the property or what's called clean title, I'd highly encourage he/she handle the mortgage titling properly. Just in case you were still married upon purchase of this property and if it was at all possible that it was owned in either joint tenancy, tenants in common or tenancy by the entirety, please refer to your divorce decree to see how the property was handled.  Hope this was helpful and best of wishes with everything.... Read More

Your mother's estate has been open for eight years? If so, that sounds excessive. Most Ohio estates close within one or two years. If the estate is still open in probate court, you can visit the court to see a copy of the case file. I suggest that you look over the case file to find out how your uncle is handling the estate. He is required to provide a report to the court (as well as all beneficiaries) about his handling of the assets and debts of the estate. If a beneficiary does not agree with his report, that person can request a court hearing to contest it. There is a limited amount of time to contest, though, so you should look at the case file as soon as possible. I know you say you can't afford a lawyer, but you really need to contact one. Find a probate lawyer who is experienced in probate litigation. Many lawyers offer a free consultation. You can at least schedule a consultation to tell your story and find out if you have any legal rights. You may even find a lawyer who will take your case for a reduced fee. Tonya R. Coles Elder Law -- Estate Planning -- Probate www.tonyacoles.com... Read More

I am assuming that your son is under age 18. If he is under 18, you will need to apply for guardianship of your son's estate. You will need to be appointed guardian by the probate court before you can manage the money for him. You will need to make the application in probate court in the county where your son lives. A guardian is required to make sure that your son's money is protected for him, and that it is not used for the benefit of anyone else. After you apply, the court will hold a hearing to determine if your son needs a guardian and if you are suitable to manage his financial affairs. If appointed, you will likely be required to place the money into a custodial account and you will need to get court permission before using any money for your son. You will also be required to report to the court on an annual basis about how you are managing the money. I suggest that you contact a probate lawyer in your area to help you apply for guardianship. A lawyer can guide you through the process and help to make sure that you are meeting the court requirements after you are appointed guardian. Tonya R. Coles Elder Law -- Estate Planning -- Probate www.tonyacoles.com... Read More

The relevant issues include the language in the adoption order and the laws in effect at the time the biological parent died.  Whether or not the adopted child knows of the adoption or maintains a relationship with the natural parent is not relevant. Ohio Revised Code 3107.15 states "the adopted person [after the final decree of adoption] is a stranger to the adopted person’s former relatives for all purposes including inheritance".  This means that typically an adopted child is not permitted to inherit from a natural parent who dies intestate (without a will) unless the adopted child is specifically referenced in a Will or non-probate asset (e.g., life insurance or other beneficiary designation). This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliates companies. You may wish to consult an attorney for specific legal advice. Best wishes.  ... Read More

If your husband's checking account was in his name only (and he did not name someone as payable on death beneficiary), then the only way to access that account with permission of probate court. As soon as possible, you should contact a probate lawyer in the county where your husband died. If your husband left a will, he would have named an executor in that document. The executor will be the person responsible for working with the probate lawyer to open his estate. "Opening his estate" involves filing the documents necessary at court to begin the process of gathering your husband's assets, paying his final debts, and passing what is left to his beneficiaries. If your husband did not leave a will, you can still apply in probate court to be administrator of his estate. The process of being appointed administrator is a bit different than the process of being appointed executor. A probate lawyer can explain the differences, and can help you get appointed. Once your husband's estate is opened, the executor or administrator can take control of the checking account and can return the proceeds of your check to you. Tonya R. Coles, Attorney at Law Elder Law -- Estate Planning -- Probate www.tonyacoles.com... Read More

In Ohio, a will is legal if it is signed at the end by the person making it (the testator) in the presence of two witnesses. The witnesses must also sign the document to show that they saw you sign the will, and that they saw one another sign as witnesses. If you are thinking about writing your will without the assistance of any attorney, I discourage you from doing so. A will is one of the most important documents you will create, because it will leave your final instructions for what should happen to the property you have worked your entire life to obtain. There are many issues that you should consider -- aside from the fact of whether or not the document is legally executed. You should contact an estate planning attorney, who can evaluate your individual situation and your goals -- and who can make sure that you have a will that will accomplish those goals. Tonya R. Coles, Attorney at Law Elder Law -- Estate Planning -- Probate www.tonyacoles.com... Read More

You ask very specific questions. The answers depend on several factors. I suggest that you speak with a probate attorney about your situation, to determine how you should proceed. Tax may be due depending on the value of assets in the estate. Funeral and burial expenses generally can be reimbursed from the estate, up to a certain dollar amount. However, those expenses are usually limited to expenses billed by the funeral home and cemetery. It is likely that you will not be able to take money from the estate to pay anyone back for hotel rooms. Tonya R. Coles, Attorney at Law Elder Law - Estate Planning - Probate... Read More

You should contact a probate lawyer as soon as possible. From what you write, it appears that your father's estate has not been settled in court. Because he did not leave a will, someone needs to file an application to administer his estate. The application needs to be filed in the probate court in the county where your father died. The administrator's responsibilities will be to gather your father's assets, pay his final debts, and distribute whatever is left to his heirs. A probate lawyer can explain the requirements for being appointed administrator, and the costs involved. After you are appointed, you can take control of your father's property, include the home and bank account. If the "caregiver" has no legal right to remain in the home, you will be able to file an eviction. If she has taken control of money or property that she has no right to, you may be able to file a lawsuit to recover the property. You can only do these things after you are appointed. Tonya R. Coles, Attorney at Law Elder Law -- Estate Planning -- Probate www.tonyacoles.com... Read More

The executor's responsibilities include gathering estate assets, paying final debts, and distributing what is left to the beneficiaries named in the will. The executor is obligated to carry out the wishes of the will in compliance with Ohio law. He can dictate what you get from household furnishings only if the will gives him that authority. If you have not already read the will, you have a right to ask for a copy as beneficiary. Tonya R. Coles, Attorney at Law Elder Law -- Estate Planning -- Probate www.tonyacoles.com... Read More