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Sherrille Diane Akin
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Sherrille Akin’s Answers

397 total


  • The current trustee is suing all the beneficiaries of the trust, not just the individual it alleges stole money, why?

    I am the beneficiary of a trust. The current trustee (a corporation) claims that the former trustee stole money from the trust and has filed a lawsuit not only against the individual who allegedly stole the money, but against all the beneficiaries...

    Sherrille’s Answer

    All persons interested in the trust may be required defendants to the case, depending upon the basis of the allegations. Theoretically, the improper activity of the trustee could involve dealings with beneficiaries or inappropriate distributions so that is probably why the beneficiaries are named. From a plaintiff's perspective, naming the beneficiaries make them parties to the case and subject to discovery, etc. As my colleagues have suggested, you should not ignore the case even if the primary claim of recovery is not claimed against you. If your interests and positions are the same as one or more of the other beneficiaries, you could consider jointly hiring an attorney to represent all of you to file an answer denying the allegations, etc. and putting your position on the record. Failure to answer the complaint could result in the court deeming you as admitting the allegations and could jeopardize your efforts to contest those facts later (either in the case or on appeal). If you are thinking about hiring an attorney jointly, please be aware that your position cannot conflict with the other beneficiaries represented by the attorney. So, if you got something that another beneficiary didn't get (or vice versa), joint respresentation would not be advisable. Please feel free to contact me if you have any questions about your specific facts.

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  • Can a lending institution deny a loan after the contract has been signed. There reason was that the credit score had dropped.

    We had a signed contract to finance a manufactured home loan. On of the stipulations was that another loan we have be paid off. The dealer we are going through said he would pay off the loan. The day that he was going to pay off the loan, he cal...

    Sherrille’s Answer

    Yes, it can. This is why it is important that you watch your credit and not incur any new charges, accounts, etc. until your large purchase is completed. You don't have a loan until the loan closes and the funds are released to you. Up until that point, the lender can change its mind. Also, the lender and the dealer are two different entities. I would presume that yoru contract to purchase the home was conditioned upon your qualification for suitable financing.

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  • I have a 25 year old mentally disabled child that I want to get guardianship of. how do I do this? Can I do it without a lawyer?

    daughter is capable of working entry level very basic jobs, but can not have much more than that.

    Sherrille’s Answer

    I would echo the comments of my colleagues that you should retain the services of a guardianship attorney in your county to assist you with this process. How complicated the process is depends upon several factors. First, how disabled is your child and would she object to the appointment of a guardian. Next, is she involved with county services (MRDD or ADAMH)? If so, then those agency(s) will need to be included in the process. Finally, what is the purpose of the guardianship? To give you authority to make medical decisions, to manage her finances, or both? Guardianships over a person (i.e., medical, residential and educational decisions) are a little easier than guardianships over someone's estate (i.e, their assets and money). If you are guardian of the estate then you will have to post bond, which you may not be able to obtain without being represented by an attorney. A qualified attorney would be able to assist you through this process. If cost is a limiting factor, you should check with the county probate court to see if it has an indigent fund (I don't know if Warren County has this program) which would appoint an attorney to assist you. Lastly, legal aid may be able to assist you. Best wishes to you.

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  • Can a trustee of an estate withhold money due you as a gift on her own accord condering that your parents were helping you out

    my parents were helping us out with bills and would never talk about my finances with my sister who is the trustee of the estate, she says they told her that the money was a loan and must be payed back. they would not let us sale our home to help ...

    Sherrille’s Answer

    You need to find an experienced estate litigation attorney ASAP and share all documents and information with him/her so that the attorney can figure out exactly what is going on in your situation. You are mixing up terminology, so I can't answer your question. However, as a general matter, for the transfers to be a loan, there needs to be some written document that supports this fact (ideally, a paper signed by you acknowledging your obligation to payback the loan). If your mother intended the transfers to be an advancement of your inheritance, then her Will needs to reflect this fact. Your sister can't just hold back money from you because she thinks it is what your mother would have wanted if your mother herself did not take steps to implement this as part of her estate plan. I think you need to be represented by an attorney to get the best result as it appears that your sister is going to take a position adverse to you in this process. Best wishes to you.

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  • I need to make will

    Hi I need to make will, right now I am on s.s. survivor benefit(I have big loan and other expenses), My husband passed away recently at very young age with heart attack from nowhere with out giving us any clue. so I want to make sure my baby sta...

    Sherrille’s Answer

    Thank you for your candor with respect to your situation. SInce you live in Columbus, Ohio, you have a number of options available to you. Initially, there are a number of highly qualified attorneys who prepare this type of document on a flat rate basis (including myself) who also answer questions on AVVO. Secondly, the Columbus Bar Association Lawyer Referral Service can give you names of attorneys who practice in this area. Also, another service of the Columbus Bar Association (www.ColumbusLawyerFinder.com) gives you access to attorney profiles and fee information. If your financial situation is such that you cannot afford to pay for the service, you should check with the Central Ohio Legal Aid Society that prepares wills in certain circumstances. Finally, you may be able to obtain legal assistance through the Interfaith Legal Clinic program, which has sessions at different locations around the Columbus area throughout the month. Please let me know if I can be of assistance to you.

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  • My dad is really sick and handed me a note that he had notariz with me getting his home and truck. Is this considered to be a le

    Is this considered to be a legal document.

    Sherrille’s Answer

    Probably not, although the answer depends upon exactly what it says and on what type of legal document you want it to be. It probably isn't sufficient for you to go to the auto title office and transfer ownership of the trust at the present time, nor is it likely to be a recordable "deed" transferring title to the real estate to you right now. It also probably does not operate as a Will since, to be valid, a document has to be signed by the testator (your father) in the presence of two witnesses who then sign it in each others presence (i.e., three people have to be present for the entire signing process). Notarization does not have any legal effect with respect to validity of a will in Ohio. Since your father is really sick at this point, I would suggest that you waste no time in locating an experienced probate attorney in the county in which your father resides to assist him in getting his testamentary wishes put down in writing in a manner which will be enforceable. Best wishes to you both during this difficult time.

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  • Can you have an executor of an estate for Ohio parent that lives in another state

    Father in law has son ( a registered child molestor) that lives in MO. not in ohio...my wife is daughter and not an executor...

    Sherrille’s Answer

    Ohio law allows for a decedent's will to nominate an Executor who resides outside of the State of Ohio. So, if the son is named in your father in law's Will, he can be appointed as Executor. However, most Ohio probate courts require the posting of a fiduciarybond by out of state executors in order to protect the estate assets and beneficiaries. While his criminal history will not disqualify him from serving as executor, it may impair his ability to qualify for a fiducairy bond, which is equal to two times the value of estate assets. Other ways he can get around this requirement is to hold all of the assets in a court controlled custodial account or permit an Ohio resident to serve as co-Executor with him. If there is no Will, then the court would appoint an Administrator. Non-residents of the state of Ohio are ineligible to be appointed as Administrator of a decedent's estate even if they are blood relatives. I hope this answers your question. If your wife has further questions, she should consult with an experienced probate attorney in your county. Best wishes to you all during this difficult time.

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  • How long should a simple will with an estate take to handle?

    My mother passed away-had a will. Brother was buying me out-died before he bought me out, and he had no will. How long should that take? Only heard from attorney after pestering him and it took ten months to settle mom's estate and another ten ...

    Sherrille’s Answer

    Mr. Frederick is correct. Ohio law is set up for small estates to be completed within 6 months but, in most cases, there are other factors that simply require more time. Two estates where one estate is the beneficiary of another would fall into that category from my perspective. You need to talk to the estate attorney and ask him/her regarding the status of the estates. You say that they are both now "settled" so are you saying they are both done? The attorney you hired to perform these services for you is the only attorney who can advise you at this point.

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  • If someone is POA can they restrict their siblings from visiting their father in the hospital and withhold medical information?

    Multiple siblings do not get along and one in particular states that she is POA but will not show paperwork. Father is in ICU and daughter who states she has POA is trying to withhold medical information to the rest of family and is also trying t...

    Sherrille’s Answer

    As Mr. Huddleston states, the only way to "stop her" is for one of the other siblings to be appointed legal guardian through the probate court. The POA is not required to share information but I am concerned that the POA is restricting visitation during this critical time. You would need legal representation for this process. FYI: if you apply to be guardian, the POA sibling can also file to be appointed guardian. One risk you take is that Ohio law allows an individual (your father) to nominate a guardian in a power of attorney document. If he did that in the sibling's POA form, then the sibling would have priority in appointment.

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  • Which guardenship is needed in order to play sports in ohio? my cosins son is 18 and going to be a senior next year.

    which guardenship is needed in order to play sports in ohio? my cosins son is 18 and going to be a senior next yer and doesnt want to move to Texas with his dad. What forms do I need and how long of a process is it?.

    Sherrille’s Answer

    I agree with my colleagues that a guardian cannot be appointed for your adult cousin. However, your question may be more directed to whether your cousin's son can be enrolled in public high school in Ohio when his parent is no longer a resident of the state of Ohio. For that question, I have retagged your question to school policy and residency requirements. A simple way to get this answer is for your cousin/his father to go to the school district where he would be attending and ask the admissions office what requirements need to be satisfied.

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