Todd Welles Bartimole's Answers

Can I force production of a will in OH? It's been over 30 days since my Attorney requested. Need to know what to do next?

Yes, you can. 2107.09 of the revised code in Ohio outlines how to compel the production of a will. If someone wrongfully withholds a will, they may be incarcerated. See http://codes.ohio.gov/orc/2107.09.

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How do you file a claim against a bond company?

A bond is a contract. The contract will dictate what the bond will pay for. If property was stolen, the question is whether the bond will cover that, and who would ultimately be liable. Bonds are not usually insurance against third party theft. They are usually there to protect beneficiaries from the executor stealing or otherwise mishandling estate funds. The question is whether the bond covers the exact circumstances of your situation. If the property was stolen due to a breach of...

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My MIL died in 2005 as a result of falling in the nursing home in Ohio. Is it still possible to sue that nursing home?

It is unlikely. There is a one year statute of limitations for medical claims. Nursing home claims are considered medical claims in Ohio. There are also other claims that could be brought for certain violations of law (resident rights,etc.) that could be considered. Some matters will toll (suspend) a statute of limitations. Because this is an issue that can't be fully answered or probed here, I think it would be smart to talk to a personal injury attorney to determine whether a statute of...

My adult step-son fraudulently reported , that my recently deceased husband was divorced on death certificate. How do I proceed

As you are the spouse, you could move the process along by applying to become the administrator of the estate. If there is a will, this process will usually cause it to be filed quickly. If they don't act, then you may be appointed administrator and will be able to run the show, and protect your interests in the process. As a surviving spouse you will have rights to certain of his probate assets, even if you are disinherited in his will. Seeing an attorney about this would be helpful to you.

My mother's roommate ( nursing home) has created a hostile environment when I come to visit , what are my rights against her?

This is a difficult situation. Typically in a nursing home, it is the resident who has rights, not the visitor. Your mother has a right to have visitors of her choosing, and I would argue has a right to private visitation. However, I don't know that there is any law which says that your mother has the right to visit with you privately in her own room if the roommate wants to be there. If your mother is bedbound this makes it very difficult. If she is not bedbound, I would visit with...

If you suspect a person's assets were not declared during the medicaid app process, what actions should you take?

A loan made by a medicaid applicant in Ohio is considered either an asset or income of the applicant. If the loan is secured by a promissory note which is properly formed and complies with Ohio regulations (primarily the loan must be irrevocable, non-assignable, and require equal payments, among other things) the note still may be considered an improper transfer (gift) which would require that the department find that the applicant would be ineligible for medicaid for a period of time. If...

Can dad will everything to my step-mom. All though when my mom died there was no will or succession done at that time.

I think the above answer is correct in most states, however it may not be if your dad died in Louisiana. Louisiana is an odd state in many ways, and while I do not practice there, it is my understanding that they have a "forced heirship" statute. A forced heirship statute does give certain relatives rights that cannot be written out of a will. Many states make it impossible to write a spouse out of a will (by allowing her the ability to elect against the will). The forced heirship...

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Taxes for relative caregiver?

While state tax laws differ, and you would be well advised to discuss with an accountant the State law ramifications in your state. If your mother is paying you money to care for her, then it is clear that if you are working for your mother by providing the care and the money she gives to you is earned income. Earned income is taxable on your federal tax return. You can review IRS publication 525 for more specific information on the federal level. A care agreement is important if your...

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If i get my name on my parents accounts or change their accounts to a trust can a nursing home take the money

The nursing home cannot take the money. The question is how do you pay for the nursing home when Medicaid will not pay because you have transferred resources? When you transfer resources, you create a period of ineligibility for Medicaid, that is, a period of time that Medicaid will not pay for nursing home costs because of the transfer. The amount of time is based on the amount of the transfer. The more you transfer, the longer the time. This period does not start until the person is...

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Is it harrassment if your brother curses and screams at you?

While working it out is a good strategy, handsome states domestic violence laws may be violated when there are threats accompanied by grabbing things and otherwise touching you or your person without your consent. If he hurts you physically there clearly is something wrong. Violence in front of a minor may have other implications. Unfortunately, if your mother is on the title, without some restraining order, she can let him in the house. Younmaynwant to call the police or an attorney to...