Elizabeth Smith Schmitz's Answers

Do I need a will and probate attorney?

Probate attorneys can help you navigate the probate court system with the least possible delays and complications. Many probate attorney's work on an hourly basis rather than a percentage of the fees basis. As I tell my clients the hourly basis allows you to use my expertise as much or as little as you need. If you want to do most of the paperwork such as filing the insurance claims you can reduce the overall fees. I would suggest that you contact a number of probate attorneys to...

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Follow-up question: Ohio attorney fees - non-probate assets

You are correct that it is a nonprobate asset if it has a proper beneficiary designation. If it is her only asset then you do not need a probate administration. If the annuity is payable to you, you can contact the annuity company and have the benefits paid to you. Depending on the size of the annuity you may need a State of Ohio tax release which can be obtained from the county auditor. There also may be some estate tax due. You do not need to have an attorney involved to claim the...

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Steps to get car title transfered to my name so that i can sell it.

You need to go to the Bureau of Motor Vehicles. As surviving spouse you are entitled to his vehcile. You will not need his driver license but you will need a death certificate and information on the vehicle. You will need to complete an affidavit.

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My husband has huge credit card debt. If he dies, am I liable for his debt even if I am not on these accounts?

In general debts of a deceased person must be paid out of his or her probate assets. So your husband's debts would be paid out of any assets that are in his name alone. You should consult with an estate planning attorney to make sure your assets are properly owned. Pay particular concern to any real estate owned and have an experienced attorney review the deed to make sure it is joint with right of survivorship and not just owned jointly. Joint with right of survivorship will not be a...

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WHAT DO IT MEAN TO SIGN A WAIVER OF NOTICE OF PROBATE OF WILL?

Waiver of Notice of Probate means that you know that the probate has started. If you do not sign they will have to notify you by certified mail. I would consult with another local probate attorney who can advise you on local customs with regard to co-executors. It sounds like your sister may want you out of the picture.

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Filing taxes of a deceased person

Yes you should file a final return for her. It would be due on April 15, 2009. You will want to indicate on the return that she is deceased and if she is due a refund you will need to file a Form 1310 to obtain the refund.

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Real estate property transfer deed

Under Ohio law, real estate passes to a deceased persons heirs automaticially upon death. The deed is merely a formality. You would not have any personal liability for the mortgage debt, but the property remains burdened by the mortgage. You should talk to the executor about starting a land sale proceeding to sell the property in the estate.

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As executor of an estate in ohio can i get a draw or advance of my compensation at the start of doing the work. ?

If the estate is insolvent then you need to carefully follow the order of priority for payments of claims and will need to get court approval before paying any claims including reimbursing yourself or paying your compensation. You should not be paying any estate funds out until you have filed a notice of insolvency. Otherwise you can face personal liability. An executor or administrator's fee is a priority claim so you do not need to worry about the estate running out of money....

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Ohio attorneys fees: non-probate assets...

Many probate attorneys charge a flat fee. In my experience that is more common except in the smaller counties. I would suggest that you keep trying.

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When does a will need to be filed

If you need to probate the wil you will need to do so where the deceased lived.

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