Laurie Glandt Steiner's Answers

Can executrix be forced to probate estate

I agree with the previous answer. The Ohio statute indicates that the Will "must" be filed when someone dies, and the court can force that. Additionally, once the Will is probated, if it is the one that took you and your son out of the Will, you can contest the validity of the Will that is filed. If successful in proving that she was not competent or she was unduly influenced at the time of the signing of the new Will, that will is thrown out and the older will (with you in it) is probated....

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Could I lose the house I live in if my father goes on Medicare?

I do practice Medicaid planning in Ohio. As previously noted, Medicaid planning is very complicated. Here are some general answers, but without meeting in person, I cannot tell you this will work in YOUR case. Generally, if a person in in a nursing home and the cash and other assets are reduced to below $1500, the house needs to be liquidated. However, if the house was your father's personal residence prior to entering the nursing home, the house can be exempted for 13 months and Medicaid...

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Annual Gift Tax Exclusion

Under federal law, each adult person can make a gift up to $12,000 (up to $13,000 in 2009) per person per year without incurring any gift tax consequence and even without filing a gift tax return. It has nothing to do with income taxes or dependents. The recipient of the gift never has to pay any gift or income taxes. Just be sure everything is documented as a gift so that it is not construed as a payment or reimbursement for the living expenses. In addition, you can gift up to One...

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Does a beneficiery of a life insurance policy have to pay a percentage once the person passes?

I am not sure why you were told this. Here is what could happen in Ohio. If there is a beneficiary named on the life insurance policy, the proceeds don't have to go through probate. The insurance company will distribute the proceeds directly to the beneficiary. If the estate is large enough to require a federal estate tax return (over 3.5 million for deaths in 2009, including the life insurance), then it is possible that the beneficiary may have to contribute to the estate taxes. If the...

How do I go about helping my dad to get him home from a elderly home?

Your situation is very hard. As power of attorney, your father has granted her authority to take care of his affairs. If she has a Financial Power of Attorney, she can handle his financial affairs the same way he could. She could even take all of his assets for herself. If she has Medical Power of Attorney, she has the right to make his Medical decisions for him when he can no longer do so. Neither one would prevent him from handling his own affairs while he is able or preventing you from...

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Procedure for seeking guardianship of 14 year old who recently lost both parents

The general procedure is that the Probate Court of the county in which the child resides is the entity that will determine the guardian who is appropriate to take care of the child. Normally, the proposed guardian must be an adult, competent and suitable to serve and live in the same state, often the same county. If the parents named a guardian in their will, then that person will be given priority, but is not necessarily a shoe-in. Often, who ever applies to become the guardian is the one...

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I had a will written by an attorney, and now I want to change it. Can I do this myself and sign before two witnesses?

Changes made within the body of a Will are NOT effective. The only way to change to a Will is to sign a documents called a Codicil or sign a new Will. If you do a Codicil, it must be signed with the same formality as the Will was signed. Those formalities vary from state to state. For example, in Ohio, the Will must be signed and dated at the end, witnessed by two competent adults who sign as witnesses and place their addresses at the end after the signing. Some state require three...

What are the steps that are taken for insurance to pay on a deceased person with no beneficiary or a will?

When a person dies without a Will, normally the state in which he resides has written a will for them in the Probate statutes. That will direct where any money is left. Normally, when a person dies without a spouse, the children equally are the beneficiaries. With life insurance, the policy most often has a beneficiary designated that overrides a will or the statute. When there is no beneficiary named, the life insurance proceeds normally become a probate asset that must be admininstered...

Unmarried man, no kids, both parents deceased; he inherits the estate ( cash, house, etc) At his passing, where do assets go

The rightful heirs to the assets are set forth in the state's Probate statute, in Ohio called the Statute of Descent and Distribution. The statute will set forth the order in which the closest blood heirs would inherit. For example, in Ohio, the order is: Surviving spouse, children equally or other lineal descendants (grandkid's), parents equally, 1/2 to the heirs of each parent (siblings, then nieces/nephews), then if none, to parents' siblings or their children, and so on. If there are...

How can we protect my grandmother's home if an event of having to enter a nursing home?

You and your husband will receive the home as long as your grandmother left it to you in her will, or has titled the house in such a way that it will pass to you without probate. Medicare or supplemental insurance will only pay up to 100 days in a nursing home if she is in the hospital for at least 3 days and is discharged to the nursing home for rehabilitation. After that, either she has to pay privately or needs to qualify for Medicaid. She can't have more than $1500 to $2000 in assets (...