Edward Albert Brown’s Answers

Edward Albert Brown

Centerburg Elder Law Attorney.

Contributor Level 7
  1. My father passed away in Florida , his girlfriend will not give me back his gun after I have asked for it.

    Answered almost 2 years ago.

    1. Frederick Lee Berkemer
    2. Edward Albert Brown
    3. James P. Frederick
    3 lawyer answers

    I agree entirely with my colleague. Unless it is very valuable, it may be more expensive to try to get the gun than it is worth. Even though you are the Executor, typically the spouse will be entitled to the assets of the estate unless the item specifically designated to you in the will.

    3 lawyers agreed with this answer

  2. Does a death benefit count as earned income and can the VA take the money that was received as medical benefit. Is there a law?

    Answered almost 2 years ago.

    1. Edward Albert Brown
    2. C L Huddleston III
    3. Eric Jerome Gold
    3 lawyer answers

    Death benefits are not taxed as income but can affect eligibility for VA or other benefits programs that are means-tested.

    3 lawyers agreed with this answer

  3. What is the ohio law for 2 executors of a estate of 150,000.00 or less

    Answered almost 2 years ago.

    1. C L Huddleston III
    2. Elliott Lee Stapleton
    3. Edward Albert Brown
    3 lawyer answers

    Generally, if the Will nominates 2 people to serve as Co-Executors and both are willing to serve they can be appointed by the Probate Court in that county. However, it can depend on the Court's local rules. Some Courts will only permit in-State Executors, or require out of state individuals to post bond. It is important to remember that being named as an Executor in the will does not mean that you are automatically the Executor at the decedent's death. You must be appointed by the Court. Before...

    3 lawyers agreed with this answer

  4. My brother want to give up his rights to my mothers estate is there a form i can print out for him to fill out and sign.

    Answered almost 2 years ago.

    1. C L Huddleston III
    2. Edward Albert Brown
    3. James P. Frederick
    3 lawyer answers

    A disclaimer is not a court form and not something to do on your own. It can drastically affect not only the executor in terms of liability years later, but also the right of the other beneficiaries. Also, a dislaimant cannot "sign over" his rights to a specific person. He either gives up his claim entirely or he does not. I agree strongly with the above posts- you need to consult a specialized probate attorney to assist you.

    3 lawyers agreed with this answer

  5. What can i do about the water in a house from a deciesed family member after turn of? house goes to probate and has no excecuter

    Answered almost 2 years ago.

    1. C L Huddleston III
    2. Edward Albert Brown
    2 lawyer answers

    If you mother had a will, then it should nominate an Executor to handle the affairs of the estate after she passes. As mentioned above, in order for the Executor to act, they must be appointed by the Probate Court in the county where she lived. If you are nominated as the Executor in the will, you should meet with a probate attorney who can help you go through the necessary court filings to become the Executor of the estate and get control of this situation. Until an Executor is appointed, no...

    1 lawyer agreed with this answer

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  6. Can Stepmom refuse my daughter to live in her home.

    Answered almost 2 years ago.

    1. C L Huddleston III
    2. Edward Albert Brown
    2 lawyer answers

    It is going to depend on the outcome of the probate proceeding. Your daughters rights as well as her step-mom's rights are going to be determined either by the terms of the will or the laws of intestate succession. This is a very complex situation and I urge you to seek the advice of a probate attorney.

    1 lawyer agreed with this answer

  7. Does a Living Trust beneficiary need to show anyone documented proof that he is the beneficiary when collecting his inheritance?

    Answered almost 2 years ago.

    1. James Oberholtzer
    2. Robert W. Baker
    3. Edward Albert Brown
    4. Joseph Franklin Pippen Jr.
    5. James P. Frederick
    6. ···
    6 lawyer answers

    All that is typically needed is an updated Memorandum or Certification of Trust that states that due to your parent's passing, you are the sole trustee and therefore are access and control all the trust assets, bank accounts, vehicles, real estate, etc. The Memorandum will provide a history of the trust stating when it was created, who the initial trustees were, that you are now the current trustee and that your powers are (as provided in the trust). You also usually attach a copy of the death...

    2 lawyers agreed with this answer

  8. . i never changed my adress with probate they sent two letter an sigd i never got tahem , they sent the last one to me an i got

    Answered almost 2 years ago.

    1. William J Lasko
    2. Edward Albert Brown
    3. Eric Jerome Gold
    3 lawyer answers

    This sounds like a very difficult situation with a lot of details that need to be sorted out. I would strongly suggest that you seek the help of a local probate attorney familiar with the rules in that County.

    2 lawyers agreed with this answer

  9. I owe the city of celina, 164 dollars for taxes. and i been summoned to court over it. what kind of punishment am i looking at?

    Answered almost 2 years ago.

    1. Edward Albert Brown
    2. Michael J Corbin
    2 lawyer answers

    It is difficult to answer this question without more facts about the situation. I agree that usually this does not become a criminal matter until a certain period of time has elapsed. Your best bet will be to explain your situation to the Court and see if you can work out some sort of payment plan. Usually this works out best for both sides. But if you can work out a payment plan, make sure you stick to the payments.

  10. How can I make my mother get help for her mental illness?

    Answered almost 2 years ago.

    1. C L Huddleston III
    2. Edward Albert Brown
    3. Eric Jerome Gold
    3 lawyer answers

    A guardianship is likely the only option. As my colleague explained, you cannot make her do anything without the intervention of a Probate Court and the appointment of guardian. This is a very complex legal matter and I would suggest working with a local probate attorney who can guide you through the process.