C L Huddleston III’s Answers

C L Huddleston III

Columbus Estate Planning Attorney.

Contributor Level 16
  1. Why AVVO.com LAWYERS have not answered some questions, and why most questions are taking so long to answer by just one lawyer?

    Answered about 3 years ago.

    1. Dennis Armand DiMartino
    2. C L Huddleston III
    3. Andrew Daniel Myers
    4. Sherrille Diane Akin
    5. Brian Coleman Kelly
    5 lawyer answers

    I answer questions actively in the Estate Planning section and have seen no unanswered questions, except occasionally one that has no relationship to estate planning and therefore cannot be answered by estate planning lawyers. I note your critical, demanding comment is also posted in 8 other sections of AVVO. My colleagues who have responded have been circumspect in their answers, but I choose to be a bit more direct, and to give some expert advice it appears you need. You apparently...

    16 lawyers agreed with this answer

  2. How to sell deceased dad's car without probate court?

    Answered over 1 year ago.

    1. C L Huddleston III
    2. David R. Errington
    3. Ruth Elaine McMahon
    4. Wilson Alexander Smith
    4 lawyer answers

    A spouse can take a decedent's care outside of probate, but no one else. You will need to do a "no administration" probate proceeding to accomplish this. You cannot sell the car now because you cannot transfer title. Probate is designed to make certain creditors get paid before anyone else (except the Executor and Lawyer, who get paid before creditors), so if your dad had any debts, the court will require the debts to be paid from the proceeds of the car. Sometimes, if there are more debts...

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  3. If I were on Medicaid and inherited a rental property would I have to give up Medicaid?

    Answered about 2 years ago.

    1. Michael Leo Potter
    2. C L Huddleston III
    3. Paula Brown Sinclair
    4. Justin Jay Watling
    5. Martin Harvey Cohen
    5 lawyer answers

    You don't say whether or not the person who owns the property has died or is still living, and if living, if competent to make a Will or incompetent. There is a way to receive benefits and still have the potential to benefit from the rental property, and if the owner is still living, it is not all that difficult to achieve. Any expert trust lawyer or medicaid attorney should be able to do it. Even if the owner is deceased, if they have a living trust, there is a way to get the trust...

    12 lawyers agreed with this answer

  4. What can I do next, now that the house has been put in all of our names?

    Answered about 2 years ago.

    1. C L Huddleston III
    2. Steven J. Fromm
    3. James Bart Leonardi
    4. Stephen John Ball
    4 lawyer answers

    Your problem is a common one. I must assume that if the house was transferred to the four of your this quickly that the deed was "Transfer on Death" and that the deed is now in the joint names of the four children. There are other issues, but let's deal with the real estate first. If it is, in fact, now deeded to the four of you jointly, you have the equivalent of a partnership. Each of you owns 1/4 of the house. The sister who is living in the house must pay an rent to live there, and...

    10 lawyers agreed with this answer

  5. Should I choose a Sole Proprietorship or LL C to sell items on e Bay I will be the only person involved with the business

    Answered about 2 years ago.

    1. Stephen Douglas Gregg
    2. C L Huddleston III
    3. Frank A. Natoli
    4. Adam Jeffrey Curry
    5. Christopher Lee Beck
    5 lawyer answers

    Effective March 27, Ohio becomes one of the top 4 or 5 asset protection states in the U S. I would definitely create an LLC for your business. Merely creating one is easy, but you will need an Operating Agreement, which is best crafted with the help of your own attorney. Your accountant will most likely tell you to elect "partnership" tax treatment, which allows everything to pass through your entity and be reported on your personal 1040. Every business owner should have a go-to...

    9 lawyers agreed with this answer

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  6. I have just been told that that my grandmother who has passed away has land that has oil on it and some member are collecting ck

    Answered about 2 years ago.

    1. C L Huddleston III
    2. Justin Jay Watling
    3. James P. Frederick
    3 lawyer answers

    There is apparently some reason you are unable to ask your parent or an aunt or uncle. You can find out about ownership from the public records, but you won't be able to learn anything about royalties except from someone who receives those royalties. The first step one can take is to check the deed records in the county where the land is located. From the deed records, it is possible to determine who owns the land. But mineral rights can be sold without selling the land, so it is...

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  7. Why should I sign the "Waiver of Notice of Probate of Will?"

    Answered about 2 years ago.

    1. C L Huddleston III
    2. James Bart Leonardi
    3. Steven M Zelinger
    3 lawyer answers

    The Waiver of Notice of Probate of Will is to limit the paperwork necessary in the administration of an estate. If you have absolute confidence in the Executor and the attorney representing him or her, you should sign it to save time, aggravation and money. If you have any doubt whatsoever about the diligence or character of either the attorney or the Executor, you should probably consult with an expert probate attorney of your choosing before signing anything. Along with the Waiver of...

    9 lawyers agreed with this answer

  8. How do you probate an estate that is less than $6000 assets and 15,000 in debt?

    Answered over 2 years ago.

    1. C L Huddleston III
    2. Staten T. Middleton
    3. Steven M Zelinger
    4. Joseph Franklin Pippen Jr.
    5. Ronald Joseph Koehler
    5 lawyer answers

    Insolvent estates are more complex and expensive to administer than solvent estates. Lawyers and funeral homes are the first priority creditors, so it may or may not be worth your time and energy to do anything at all. You have no obligation to do so. You should spend a couple hundred dollars for a consultation with a Certified Specialist in probate law to review the specifics of the estate and determine your options.

    9 lawyers agreed with this answer

  9. Can someone become an executor or their mothers estate without obtaining a lawyer and how???

    Answered over 2 years ago.

    1. C L Huddleston III
    2. Justin Jay Watling
    3. Steven J. Fromm
    3 lawyer answers

    The short answer is "Yes, it is possible for a non-lawyer to administer an estate without hiring a lawyer." I have attached a link to the Clark County Probate Court forms. But here is the longer answer: It almost never makes sense for you to try to do this yourself. Unless the estate is so small that saving every last penny is critical, you should just go ahead and hire a good probate specialist to do this for you. First, it is one thing to have the forms, but you won't know which ones...

    9 lawyers agreed with this answer

  10. Are TOD accounts (brokerage acct , house deed & checking) still considered part of an estate AFTER the transfers are complete?

    Answered 9 months ago.

    1. C L Huddleston III
    2. Ruth Elaine McMahon
    3. Mandy Moyer
    3 lawyer answers

    In Ohio, creditors can only reach assets in the probate estate. Even if there are assets in a probate estate, the Executor, attorney, funeral home and government taxing authorities get paid before unsecured creditors unless the debt was secured by a mortgage or car or something that was transferred in order to defraud a creditor, or unless one of the TOD beneficiaries co-signed or otherwise made themselves personally liable. Credit card companies are unsecured creditors. They cannot collect...

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