Justin Jay Watling's Answers

Is there anything I can do to try to get my deceased mom's share of real estate in a transfer on death deed where she is named?

The effect of a TOD Deed is to result in a per capita transfer (your Mom's share is extinguished upon her death prior to Grandmother's death) unless the Deed also contains a contingent beneficiary designation. There can be no "per stirpes" provision since the statute requires the identification of specific beneficiaries by name (not by a group or class designation). Hence, a contingent beneficiary provision in the Deed is the only thing that could save your potential interest in the real...

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Can my ex not release my daughter's Uniform to Minors account indefinitely?

If the account was proprly created as an OTMA/UTMA account, then your daughter became absolutely entitled to theaccount when she turned 21 at the latest (could be earlier, anythime between 18 and 21). Her father should have no power over the account and his signature or consent is not requied for her to take the funds out of the account.

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Ohio Code question about estate tax on annuities

As stated, the estate tax is a liability of the Estate and is to paid by the Executor from assets of the Estate (unless there is an apportionment required by the Will). Generally, the full value of the death benefit is included in the gross estate. However, if this is an employment-related plan and contributions were made by the employer, the portion of the value attributable to the employer contribution can be excluded. Note that a portion of the annuity likely will be subject to income...

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WHAT AM I GIVING UP WHEN I SIGN THIS WAIVER OF NOTICE OF PROBATE OF WILL

You do not give up any rights by signing the Waiver of Notice. That Waiver just expedites the process to commence the three month time period in which a will contest may be filed. If you are named as beneficiary on any asset, then you still will be entitled to receive that asset. The Will provisions have no effect on a beneficiary designation made directly with the bank, insurance company, etc. You may want to meet with an attorney experienced in Probate and Estates to review the...

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Mother passed , Father passed previously Only asset was minimal bank account, Does will have to probate to close account.

Unfortunately, you will likely want to walk away from the account, let it pass to the Division of Unclaimed funds in 5 years or so and then make a claim for the funds at that time. Ohio does have a Summary Release from Administration procedure where you can go to the Probate Court (for the County where Mom resided), fill out a couple of forms and then get an Order from the Court directing payment of the account to you (if your name appears on the funeral bill and it has been paid in full),...

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My parents deeded their home to me 10 years ago and included it in their trust with a life time lease. Now they want to sell..

You pose an interesting-looking set of questions. However, I do not believe you will be able to obtain a useful answer in this forum. To get a worthwhile answer the responding estates/trusts attorney will have to review all the pertinent documents including the full Trust Agreement and any recorded Deed. Get those documents in hand and then consult an experienced attorney.

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Can a Beneficiary of a Life Policy enter into a legal contract to share the proceeds with other Heirs?

Counsel will be needed and sooner rather than later. Just to give a contrarian view, I ask this: what benefit is there to the probate estate or the beneficiaries of THE PROBATE ESTATE in giving the authorization? None that I can see. If the brother is sole beneficiary of the policy, his issue I'd with the insurance company not with the Estate. Seem to me there needs to be a denial of the claim first, followed by a lawsuit by the brother for wrongful denial/breach of contract and then he can...

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My Mother passed away in Nov.2011 and she had no will.The only thing she has in her name is her car.would like to keep car.

If the value of the vehicle (verify through Kelley Blue Book, kbb.com, or some other resource) is $5,000 or less and does not exceed the amount of the funeralbill, then the person whose name is on the funeral bill receipt may apply for a Summary Release from Administration and get a Probate Court Order directing transfer of the vehicle to that person. If the value is in excess of the $5,000 limit for this proceeding, then the Release From Administration discussed in the preceding answer is...

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Executor of the will withholding information from heirs

First check the Probate Court's website for a copy of the docket in the case. That will tell you what has been filed. You also will obtain the name of the attorney representing the Estate. Follow with an inquiry to the attorney. He/she should take your inquiry a bit more seriously than your sister. If no information is provided, you do have the ability to file to compel an accounting or to have the executrix removed. These are drastic measures and should only be considered as a last...

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In ohio when a power of attorney is being signed can a family member be a witnness

While not fatal, It will be better if the witnesses are not related. Further, having witnesses is a good idea if the POA might have to be used for real estate transaction in a State which requires a signature on the operative document to be witnessed.

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