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Maria Louise Shinn

Maria Shinn’s Answers

32 total

  • My granddaughter is a drug addict and has a little boy age 6..how do we get temporary custody of him for medical purposes etc ?

    We have no idea where to start and this is the second time we have had him for a period of months. She was never married to the father of child and wondered if he has any rights to him..

    Maria’s Answer

    You may be able to obtain a grandparent’s power of attorney, which gives you rights and responsibilities regarding your grandchild’s care, physical custody, and control. This POA does not grant legal custody to you, however. To get legal custody, you need to file an application at Juvenile Court. Please consult with an experienced attorney to discuss your options.

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  • My fiancé and I were together 17 years. We purchased a van together. I have a copy of the check where I paid half.

    He passed away, and I have a copy of the check with Van marked on it. There is no will. Do I have a right to file for my share of this van? It is in his name.

    Maria’s Answer

    I agree with the other attorneys' answers if the van title is only in his name, and you are not listed as a beneficiary on the title. Perhaps the Administrator of his estate would allow you to buy the van from the estate. The estate value for the van should be low, and hopefully, you'd get some type of credit for the previous payment you made.

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  • How do I go about getting guardianship of my little sister. Will I receive her adoption substy?

    I'm 20 years old my sister is 16. We were adoption along with 3 other siblings of mine. We were all treated poorly and them adopting us was all about the money. We were each forced out of the home or pawned off on someone else around the age of 15...

    Maria’s Answer

    This sounds like a complicated and difficult situation for you and your sister. You should consult with an attorney about your options (guardianship, custody, etc.).

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

    and she owes 32,000 left can I buy it for that or buy it when it gose up for sale the house

    Maria’s Answer

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

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  • How long can property be held in probate court

    Aunt didnt have a will its been in probate going on 2 year

    Maria’s Answer

    There are many factors which determine how long an estate is open at probate court, such as the type of probate assets in the estate, the competence and diligence of the executor, and whether or not there are any will contests, exceptions to the inventory, etc. A concerted effort has been made in Ohio to speed up the probate process. For example you must file an account within six months of opening an estate or file for an extension of time for valid reasons. You should speak with the attorney handling the estate and ask why the probate administration is taking such a long time. If you are one of your aunt's legal heirs under Ohio statute, you can hire an attorney to protect your interests and bring the matter to the probate court's attention.

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

    I want the proceeds of the car and my real estate to be given equally to my grandchildren when they turn 21 years of age.

    Maria’s Answer

    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.

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  • Will a "Will" work without going to probate court? Can I file and go to the probate court without an attorney?

    I am listed as an executor in a will and a living trust of a friend who died recently. I need to know if her house and auto can be sold without going to probate court.

    Maria’s Answer

    If your friend had a trust, and the house and car are already titled in the trustee's name, the successor trustee may be able to sell the house and car without going through probate court. The Will should be filed at probate court, however. You can file the Will at probate court without an attorney, but I strongly recommend that you consult with an attorney to go over the terms of the trust and the assets which your friend owned at his/her death.

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

    I know that hiring an attorney for probate will cost considerable amount of money. I need to know if I can just hiring a consultant.

    Maria’s Answer

    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.

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  • 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.

    no other details

    Maria’s Answer

    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.

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  • Can an executor of a will be compensated for their time if we do not go through Probate court?

    Mother did not have much. The house went to my brother and myself through TOD. I am the executor now and responsible for many duties. I have to get the house ready to sell, take care of all my moms bills, etc. I want to know if I can be compens...

    Maria’s Answer

    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.

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