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Jacqueline Ferris Maclaren

Jacqueline Maclaren’s Answers

4 total

  • My husb.'s mom died(we were care takers) left one sibling as executor(bnkrupt 2x) & need advice getting her replaced w/brother

    Mom past in Sept & Exec still refuses to file will w/courts, help w/apt. Beginning Dec.1 we have vacate her apt.- her response is tough, they will deal with it. She was 2 mths late w/ rent 4 them. She has taken all of mom's credit cards-instead o...

    Jacqueline’s Answer

    I agree with the above answers. You need to contact an experienced estate attorney quickly to have an estate opened in the county (and State) that she resided at the time of her death.

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  • What do I need to do to settle my deceased fathers estate ?

    There was no will filed at probate court and I am his only son. I have gathered some of his paperwork such as his deed to his property and bank statements. I also have copy's of his death certificate.

    Jacqueline’s Answer

    Both of the above responses are correct. You will need to apply to be the administrator/executor with the Franklin Co. Probate Court if he resided in Franklin Co. at death. You will probably need an experienced estate attorney to assist you with the administration, especially if there is real estate to be sold.

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  • How long should an estate take

    I have an attorney who is in the family but not immediate family. We started an estate for my sisters OPERS retirement of little over $40,000 2 years ago. I have had so many excuses from people being sick to the hard drive crashing. I do not ge...

    Jacqueline’s Answer

    Most Ohio probate administrations take approx. 1 year unless there is some special situation that requires additional time. A common reason for an extended administration is an estate trying to sell real estate in this market or a disagreement among heirs. I am not sure what the reason would be in this situation. I would suggest contacting an Ohio estate attorney and having them look into the matter for you. If you give me a call, I am happy to discuss this further with you.

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  • I need to request a letter of appointment in order to change the name on my deceased father's US savings bonds.

    even though I was appointed by him the executrix in his will. I live in Ohio and he was a resident of Florida. He died in Ohio. Do I need to apply for the letter of appointment in Ohio or do I have to do it through probate court in Florida?

    Jacqueline’s Answer

    Additional information is required to fully answer this question. Has the will be admitted in Florida and you appointed as the personal representative? If the will has not be admitted in either state yet, where was he "domiciled" at his death? If indeed in Florida as you state, and the will has not been admitted in any court, Ohio can have jurisdiction if you can show that the personal property was located in Ohio.

    The Ohio Revised Code provides: A will shall be admitted to probate: (A) In the county in which the testator was domiciled if, at the time of his death, he was domiciled in this state; (B) In any county of this state where any real or personal property of such testator is located if, at the time of his death, he was not domiciled in this state, and provided that such will has not previously been admitted to probate in this state or in the state of such testator’s domicile; (C) In the county of this state in which a probate court rendered a judgment declaring that the will was valid and where the will was filed with the probate court. For the purpose of this section, intangible personal property is located in the place where the instrument evidencing a debt, obligation, stock, or chose in action is located or if there is no such instrument where the debtor resides.

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