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Amy Lynn Papesh
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Amy Papesh’s Answers

5 total

  • Mom has no will. There are 3 children and she owns a house. What should we do?

    If my mother dies, and there and 3 children, no spouse, can we sell her home without difficulty?

    Amy’s Answer

    Under Ohio law, if someone dies owning a home the first step should be to consult an attorney licensed in the state where the decedent died and highly skilled in the area of probate administration. The disbursement of the home depends on whether there was a will or not. It will also depend upon how the home is titled. If the home is titled in the decedent's name alone, an estate will have to be opened through probate court so that the house can be administered. The opening of an estate and the appointment of a Fiduciary by the Probate Court is necessary to sell the home when no Will exists. In addition, some jurisdictions require additional filing with the Probate Court for home sales. It is important to consult with an attorney to determine the best course of action for selling the home. If you are an Ohio resident, please feel free to contact me at 800-355-6446.

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  • My father has just died, but has not left a written will. He never divorced my mom legally. (Sorry if this gets a bit long)

    In 1988 my mom had signed a quitclaim deed & removed her name from my dad's house. He did not leave a written will but made it clear to his mom & brothers that he wanted my brother & I to have his house & belongings. My mom thinks that since they...

    Amy’s Answer

    Under Ohio law, if there is no Will, a decedent's estate will pass according to the laws of intestate succession. The disbursement of the estate under those laws will depend upon whether the surviving spouse is the natural parent of some, all or none of the decedent's children. If a decedent dies while still legally married, a surviving spouse has certain rights under the law to claim against assets of the estate, especially the home. If the home is solely in the decedent's name, the surviving spouse still may have a claim to it under the law. There are various factors that will determine what the surviving spouse's share will be. It is important to consult with an attorney licensed in the state where the decedent died and highly skilled in the area of probate administration. If you are an Ohio resident, please fell free to contact me at 800-355-6446.

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  • My father has just died, but has not left a written will. He never divorced my mom legally. (Sorry if this gets a bit long)

    In 1988 my mom had signed a quitclaim deed & removed her name from my dad's house. He did not leave a written will but made it clear to his mom & brothers that he wanted my brother & I to have his house & belongings. My mom thinks that since they...

    Amy’s Answer

    Under Ohio law, in order for the transfer to be valid after the death of the transferor, the title would had to have been properly notarized prior to death. Then, the transferee could take the properly executed title to the Bureau of Motor Vehicles and have the automobile transferred to him or her. In the event that the BMV does not honor the transfer, a probate estate would have to be opened for the deceased and the automobile would have to be transferred via the probate court process. I would assume this to be true for most states but you should consult with a probate attorney licensed in the state where the decedent lived. If you're a resident of Ohio, please feel free to contact me at 800-355-6446.

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  • Does the Letter of Testamentary require a Mo bank to prvd all bank activity since 1 day prior to death.

    My father died in May of 2009. In Februay of 2010 my Mother died three weeks after a cancer diagnosis. Most of their funds were set up in a trust. This was divided equally among the five siblings per the trust agreement. There were cds and IRAs at...

    Amy’s Answer

    Under Ohio law, when the Fiduciary is appointed by the probate court, Letters Testamentary are issued. These Letters grant authority in the Fiduciary to act as if they are the decedent. That means, the Fiduciary is allowed access to all records in the decedent's name, including present and past bank records. I would assume this to be true for most states but you should consult with a probate attorney licensed in the state where the decedent lived. If you are an Ohio resident, please feel free to contact me at 800-355-6446.

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  • Can the Executor change the beneficiary of an insurance policy?

    Can the Executor change the beneficiary of an insurance policy? Or can we just have the check sent to those responsible for the funeral bills, which would be the executrix of the estate? Thanks, P Lee

    Amy’s Answer

    Under Ohio law, the answer is no. An executor cannot change the beneficiary of an insurance policy. An executor is a court appointed representative of the decedent. The insurance beneficiary designation is a contract between the decedent and the insurance company that was entered into prior to the decedent's death. It cannot be altered or amended after death. I would assume this to be true for most states but you should consult with a probate attorney licensed in the state where the decedent lived. If you are an Ohio resident, please feel free to contact me at 800-355-6446.

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