Justin Jay Watling’s Answers

Justin Jay Watling

Cleveland Trusts Attorney.

Contributor Level 15
  1. My mother just passed away suddenly without her will signed and didn't change her beneficiaries since her divorce?

    Answered about 1 year ago.

    1. Justin Jay Watling
    2. Christopher Lee Beck
    3. Charles Lawrence Huddleston III
    4. Paul Rutledge Durr III
    4 lawyer answers

    You must consult a probate/estate attorney in your local area. Since it was not signed, it does not matter what the "Will" states. More important is the nature of the title on each asset Mom owned and whether any asset had a beneficiary designation, POD, TOD on it. If your Dad is still listed as a beneficiary on an asset, it depends upon the type of asset as to whether that designation needs to be honored by the third party asset manager. There also may be some requirements in the...

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  2. Is a will wrote on paper and noterized legal

    Answered over 1 year ago.

    1. Justin Jay Watling
    2. Staten T. Middleton
    3. Joseph Franklin Pippen Jr.
    4. A. Jase Allen
    4 lawyer answers

    A handwritten Will is valid but the Maker 's signature should be witnessed by two disinterested individuals who also sign a provision attesting to the fact that they did witness the Maker's signature. Thus is really not a do-it-yourself task. It sounds like you are handling issues in a piecemeal fashion rather than joining all the estate planning issues in a comprehensive plan. A very bad idea which usually results in more problems (which translates into greater expense) than if...

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  3. Can I fill out a health care power of attorney form in the State of Ohio without specifying an agent?

    Answered 8 months ago.

    1. Justin Jay Watling
    2. Charles Lawrence Huddleston III
    3. William Thomas Schemmel
    4. Steven M Zelinger
    5. Justin Eric Elder
    6. ···
    6 lawyer answers

    You can. But that is like not having a HCPOA. If there is no named agent, the document does nothing for you since there is still no one able to speak for you if you lose the ability to speak for yourself.

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  4. I am preparing to give my Daughter and her Fiance a Check of $40,000.00 For a Wedding Gift. Is that a legal non taxable Gift. TY

    Answered almost 2 years ago.

    1. Justin Jay Watling
    2. Charles Lawrence Huddleston III
    3. Lawrence A Friedman
    4. Wilson Alexander Smith
    5. Michael Leo Potter
    5 lawyer answers

    A gift is never taxable income to the recipient (donee). Nor is the amount of the gift a deduction for the giver (donor). To the extent the amount given to any donee in a year exceeds 13,000$. That excess is a taxable gift. More on this in a minute. You can give each of them 13,000$ now and another 7,000$$ on or after January 1. 2013 and all gifts will be excludable gifts. This means you do not meet to file anything with IRS regarding the gifts. If you are married, you and your spouse...

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  5. If I were on Medicaid and inherited a rental property would I have to give up Medicaid?

    Answered over 1 year ago.

    1. Michael Leo Potter
    2. Charles Lawrence Huddleston III
    3. Paula Brown Sinclair
    4. Justin Jay Watling
    5. Martin Harvey Cohen
    5 lawyer answers

    Your inheritance would ultimately disqualify you from Medicaid benefits. Once you become entitled to the inheritance (the owner dies), there is nothing you can do to prevent disqualification. A disclaimer will not work. So, you might consider having the owner modify his/her estate plan to direct your inheritance elsewhere or to put a supplemental needs trust in place. You need to consult with a Medicaid attorney. The home may be entitled to an exemption fir 13 months, but I am not sure about...

    9 lawyers agreed with this answer

  6. I'm currently in a litigation against brother who forged POA and robbed my deceased grandmothers estate/bank accounts.

    Answered over 1 year ago.

    1. R. Russell O'Rourke
    2. Rixon Charles Rafter III
    3. Justin Jay Watling
    4. Constantine D. Buzunis
    4 lawyer answers

    If this is a settlement agreement, then each side must have given up something. Could it be that counsel is telliing you that this agreed result is better than the uncertain outcome of expensive and lengthy litigation?

    9 lawyers agreed with this answer

  7. In a wrongful death suit do my sister and I have an equal right to the settlement money as my step-mother does?

    Answered 5 months ago.

    1. Justin Jay Watling
    2. James Bart Leonardi
    3. Christian K. Lassen II
    3 lawyer answers

    The processing of a wrongful death claim is intricate and fact-based. You need to hire an attorney ASAP to represent and protect your interests in any settlement or judgment. Wrongful death proceeds are allocated between the estate and the survivors. The survivors' portions are not liable for probate or estate expenses. It is the allocation process that is the most important part for you. You also may want to be kept informed regarding the progress of the settlement negotiations or the...

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  8. Is it mandatory in Ohio to add the word, "Trustee" following owner's name on an annuity or policy?

    Answered 6 months ago.

    1. Justin Jay Watling
    2. James Lyle Dye Jr.
    3. Gilbert Gregory Arenstein
    3 lawyer answers

    You have the annuity structured correctly. You, individually, are the owner, so there is no need to add "Trustee" after your name.There will be no problem after you die as long as you have correctly and completely identified the Trust in the Designation of Beneficiary form.

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  9. Can estate attorney force heirs to sell parents home with sheriff's auction?

    Answered over 1 year ago.

    1. Justin Jay Watling
    2. Charles Lawrence Huddleston III
    3. Robert William Haley
    4. Joseph Michael Pankowski Jr
    4 lawyer answers

    Unless the attorney is also the Executor/Administrator, the attorney cannot force you to do anything. Who is the Executor? You maybe able to "buy" the home by applying your inheritance interested having titled transferred to all of you. Thereafter, you as a group will be in control of what happens to the real estate. Does the Will actually REQUIRE a sale? To resolve this question, it may be necessary to file something with the Probate Court. It also depends upon who are the...

    8 lawyers agreed with this answer

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  10. Are heirs financially responsible for liens on parents estate?

    Answered over 1 year ago.

    1. Staten T. Middleton
    2. Justin Jay Watling
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    An experienced probate/estates attorney will have to look at the specific facts and circumstances if you want a reliable answer. But as a general rule in Ohio the liabilities extend only to the asset value unless an heir has signed to become personally liable on a debt. Care must be taken however. The heirs cannot pay some creditors and not others unless the payments adhere to the schedule of priority established by statute. Quick math on the facts indicates there is some net equity in...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful