Maria Louise Shinn’s Answers

Maria Louise Shinn

Cleveland Estate Planning Attorney.

Contributor Level 7
  1. Can an executor of a will be compensated for their time if we do not go through Probate court?

    Answered 5 months ago.

    1. Maria Louise Shinn
    2. C L Huddleston III
    3. Steven M Zelinger
    3 lawyer answers

    An executor fee is mandated by Ohio statute, and it's based upon a percentage of the value of the probate assets. If you do not have a probate estate or probate assets, the executor fee is not paid. Hopefully, your brother will agree to compensate you for all of your time and reimburse half of your expenses.

    5 lawyers agreed with this answer

  2. If we leave our married daughter everything we own at our death, can we specify that our son-in-law is never to have any of it.

    Answered 5 months ago.

    1. Maria Louise Shinn
    2. Paula Brown Sinclair
    3. David Julian Smith
    3 lawyer answers

    The only way you can control your assets "from the grave" is to set up a Living Trust. The Trust can provide for your daughter during her lifetime and then go to your grandchildren (or other beneficiaries) at your daughter's death. A Trust would also protect the assets from your daughter's creditors and any future divorce. If you are considering a Trust, you should consult with an estate planning attorney.

    4 lawyers agreed with this answer

  3. What is recourse for beneficiaries having issues with co-executors? Dealing with 2 estates, 2.5 yrs apart. Step-dad most recent.

    Answered 6 months ago.

    1. Maria Louise Shinn
    2. Inna Fershteyn
    3. Shelley Ann Elder
    3 lawyer answers

    If these matters are in probate court, you can file motions to have the co-executors removed and someone else appointed. If these matters involve trusts, the trust documents need to be reviewed for trustee removal provisions.

    Selected as best answer

  4. My grama had a stroke they are taking all her money how much can she gift legaly? Art

    Answered 5 months ago.

    1. C L Huddleston III
    2. Maria Louise Shinn
    3. Wilson Alexander Smith
    4. Drew Norman Early
    4 lawyer answers

    I would not take any action on behalf of your grandmother until you speak with an attorney who specializes in Medicaid planning. Good luck!

    3 lawyers agreed with this answer

  5. Shoud I place my real estate and automobile in a Trust account,

    Answered 5 months ago.

    1. Arthur Eugene Ott
    2. Maria Louise Shinn
    3. Steven M Zelinger
    4. Wilson Alexander Smith
    5. Tony Anthony
    6. ···
    6 lawyer answers

    I agree that a Revocable Living Trust may be a viable option, but you should discuss your estate planning goals, assets and other information with an estate planning attorney to determine your best course of action.

    3 lawyers agreed with this answer

  6. What is the difference between hiring an attorney and a legal consultant for probate court? Can I just hire a consultant?

    Answered 5 months ago.

    1. C L Huddleston III
    2. Maria Louise Shinn
    2 lawyer answers

    You should consult with an expert probate attorney. You can retain that attorney if you are comfortable with the quoted fees and services to be provided. I am not certain what you mean by "legal consultant," and I would not recommend hiring someone who is not a licensed attorney.

    3 lawyers agreed with this answer

  7. Can't find a will

    Answered 5 months ago.

    1. Maria Louise Shinn
    2. Geoffrey C. Hanahan
    3. Paul Rutledge Durr III
    3 lawyer answers

    Are you pretty certain your grandmother had a Will? If so, you can contact her attorney, check with the probate court to see if she deposited her Will there, and find out if she had a safe deposit box where the Will could be stored. If your grandmother did not have a Will, or you cannot find her Will, your father may need to open an estate and be appointed the Administrator, if it's appropriate to do so. It's difficult to answer your question without additional details. For example, why would...

    3 lawyers agreed with this answer

  8. I have someone whose mother is dying and wants to leave the house to her but she's receiving welfare benefits.

    Answered 5 months ago.

    1. Maria Louise Shinn
    2. Geoffrey C. Hanahan
    3. Jerry E Shiles
    3 lawyer answers

    The ODJFS's Request for Cash, Food and Medical Assistance asks about household income and expenses, as well as proof of ownership of vehicles, bank accounts, stocks/bonds, CDs, life insurance, health insurance, trusts and annuities. It does not ask the applicant about ownership in real estate. If your friend is still concerned, he/she can contact the local county agency for more information.

    3 lawyers agreed with this answer

  9. I'm trying to figure out how to find a settlement that went into probate.

    Answered 6 months ago.

    1. Justin Jay Watling
    2. Maria Louise Shinn
    3. Andrew Clark Schlueter
    4. Andrea Christine Kryszak
    4 lawyer answers

    I agree with the previous answers, but if the settlement amount was not large, the judge could have ordered it paid to your parent or legal guardian or custodian instead of into a guardianship account. That happened with two minor clients of mine a few years ago. Check with the probate court first, and if a lawsuit was filed in common pleas court for the accident itself, I would check the docket of the common pleas court as well. Good luck!

    3 lawyers agreed with this answer

  10. Can a notarized affidavit barring family members from a funeral, be legally enforced, if no public funeral notice is published?

    Answered 6 months ago.

    1. Christopher Joseph Tamms
    2. Maria Louise Shinn
    2 lawyer answers

    The funeral home is private property, and the director can bar or remove anyone he/she chooses. I would discuss this with the director of the funeral home and find out what its policies are and how the funeral home has handled similar circumstances in the past.

    3 lawyers agreed with this answer