David Hershel Lefton’s Answers

David Hershel Lefton

Cincinnati Estate Planning Attorney.

Contributor Level 5
  1. Can I get help from a probate lawer

    Answered about 2 years ago.

    1. Justin Jay Watling
    2. David Hershel Lefton
    3. Michael J. Caticchio
    4. James P. Frederick
    4 lawyer answers

    Various options might be available based on the status. Are you and your siblings the current owners or is it still in your parents name? It is not clear from your scenario. If you and your siblings own the property, contact a lawyer to discuss your options. If title is still in one of your parents name, has a probate matter been opened? If so, was your sister appointed Executor/Administrator? If so, I would contact an attorney for assitance on how to resolve your conflict. If it can't be...

    5 lawyers agreed with this answer

  2. Living Will and Durable Power of Attorney

    Answered about 2 years ago.

    1. Justin Jay Watling
    2. David Hershel Lefton
    3. C L Huddleston III
    4. Monty Lee Donohew
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    I agree with my colleagues answer. You need to execute new documents. You do not want to be in a position of having a third party, whether it is a hospital, doctor or other health care provider, reject your document due to changes you made by hand.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. What is the name of the trust to avoid probate costs

    Answered over 2 years ago.

    1. Sarah Gaynor Worley
    2. C L Huddleston III
    3. David Hershel Lefton
    4. Justin Jay Watling
    5. Jeffrey Paul Consolo
    6. ···
    6 lawyer answers

    My colleagues are correct. From your desription, what you are asking for is a Revocable Living Trust Agreement. I also recommend you contact an attorney to learn about which alternative is best for you and your goals.

    4 lawyers agreed with this answer

  4. I am considering opening a trust account for myself.

    Answered over 2 years ago.

    1. David Hershel Lefton
    2. Joseph Franklin Pippen Jr.
    3. C L Huddleston III
    3 lawyer answers

    In order to open an account in the name of a Trust, I recommend you establish a Trust. Trusts come in many "flavors," they can be simple or complex, and serve a variety of legal, personal, investment or tax planning purposes. Based on your questions, I believe the type of Trust you are looking for is a Revocable Grantor Trust, aka Revocable Living Trust. At the most basic level, a Revocable Grantor Trust is a legal entity with at least three parties involved: the trust-maker, the trustee (...

    4 lawyers agreed with this answer

  5. I need help filling out guardianship papers

    Answered about 2 years ago.

    1. David Hershel Lefton
    2. David L. Carrier
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    You have provided very limited facts and it is difficult to give you advice without knowing the nature of the situation, who you want to apply for and why. I recommend that you contact an attorney in your community to discuss the situation in detail and get the advice you need.

    3 lawyers agreed with this answer

  6. My father passed away, was still married to my stepmother that left him 20 years ago. Is she entitled to my fathers property?

    Answered over 2 years ago.

    1. David Hershel Lefton
    2. C L Huddleston III
    3. Andrew Michael Korduba
    4. James P. Frederick
    4 lawyer answers

    Ohio law grants surviving spouses various statutory rights and these would all be applicable under your fact scenario. Ohio Revised Code 2105.06 (C) provides that when a person dies intestate (without a Will), if there is a spouse and one child of the decedent or the child’s lineal descendants surviving and the surviving spouse is not the natural or adoptive parent of the decedent’s child, the first twenty thousand dollars plus one-half of the balance of the intestate estate to the spouse and...

    3 lawyers agreed with this answer

  7. Do I need a real estate attorney?

    Answered about 2 years ago.

    1. Michael J. Caticchio
    2. David Hershel Lefton
    2 lawyer answers

    This is a complicated matter for which you will need an attorney. Most City/County Bar Associations have a lawyer referral list that have contain attorneys charging affordable rates. I recommend that you contact a Bar Association in your area and explore this as an option to obtaining counsel you might be able to afford.

    1 lawyer agreed with this answer

  8. How do I transfer my parent's property which are mortgage free in OH to a single LLC that I created?

    Answered over 2 years ago.

    1. Michelle Lynn Marshall
    2. Robert John Murillo
    3. David Jay Sternberg
    4. David Hershel Lefton
    4 lawyer answers

    I also agree with my colleagues, but add that there are a host of estate planning issues that you should discuss with an estate planning attorney that relate to competency (since he is ill), gift taxes, possibly making use of the unified credit in lieu of gift tax, medicaid issues and if you are not the only child or your siblings are not members of your LLC, such a transfer could create family issues. I recommend you contact an estate planning attorney to discuss all the ramifications further.

    1 lawyer agreed with this answer

  9. My husband passed away a couple of months ago. He did not own anything. I owned my house and vehicle.

    Answered over 2 years ago.

    1. Elizabeth Smith Schmitz
    2. C L Huddleston III
    3. Justin Jay Watling
    4. David Hershel Lefton
    4 lawyer answers

    Since you were the named beneficiary of the life insurance policy, the policy proceeds are not subject to probate. Not knowing the balance in your husbands account, I recommend waiting six months from date of death to open his estate to probate this asset. A recent Ohio First District Court of Appeal decision recently held in part, in interpreting an Ohio statutue, that creditors that do open estates to file their claims within six month of date of death are barred. If the creditor does not...

    1 lawyer agreed with this answer

  10. Can a lawyer disclose information of a Will to a detective?

    Answered over 2 years ago.

    1. C L Huddleston III
    2. David Hershel Lefton
    3. Justin Jay Watling
    3 lawyer answers

    If this fictional lawyer prepared the Will and his client asked him not to disclose it, I would be reluctant to divulge the Will absent proof that the client is dead as the attorney client privilege may apply if the client is living. A lawyer can not disclose matters unless he has authorization from the client. This is a question that does not come up frequently. Accordingly, I recommend you hire a lawyer to legal research your question.

    1 lawyer agreed with this answer

513-399-7526