Elliott Lee Stapleton’s Answers

Elliott Lee Stapleton

Cincinnati Estate Planning Attorney.

Contributor Level 10
  1. If someone passes away without changing their beneficiary, and that person is an ex spouse doesnt the predeceased clause stand?

    Answered about 1 month ago.

    1. Elliott Lee Stapleton
    2. Gilbert Gregory Arenstein
    3. Gary Roger Waitzman
    3 lawyer answers

    In Ohio, there are two potential ways an ex-spouse can receive death benefits if designations are not updated: Life Insurance Beneficiary Designations prior to May 31, 1990 In Ohio, upon divorce, ORC 1339.63 operates to automatically revoke a spouse as beneficiary to an insurance policy if owned by the other spouse. But the effective date of this statute began on May 31, 1990. Any person who owns an insurance policy created before May 31, 1990 must review his or her documents to...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. After a person is appointed executive of an estate through the courts, how much time period is there before inventory can be

    Answered about 1 year ago.

    1. Elliott Lee Stapleton
    2. James Bart Leonardi
    3. Joseph Franklin Pippen Jr.
    4. William Joseph Reynolds
    4 lawyer answers

    The executor/administrator must file the inventory within three months of appointment by the Probate Court. The heirs and beneficiaries must receive a copy of the inventory by certified mail or must waive notice. The Probate Court can, upon motion by an executor, extend the time for filing of the inventory.

    8 lawyers agreed with this answer

  3. What happens if house left to heirs is not sold by estate settlement deadline in state of Ohio?

    Answered over 1 year ago.

    1. Elliott Lee Stapleton
    2. Christopher Lee Beck
    3. Charles Lawrence Huddleston III
    3 lawyer answers

    The answer will depend on what powers the Will gives to the Executor and the stated process of distribution. If the house is directed to six individuals, the Executor could settle the estate and transfer by deed the property to all six individuals. Alternatively, the executor could sell the asset and transfer the proceeds equally to each beneficiary. In most cases, it is best to sell an asset such as real estate rather than transferring it to multiple beneficiaries. If six people own...

    6 lawyers agreed with this answer

  4. What happens if a beneficiary has been considered dead for purposes of inheritance and theres no others and no estate?

    Answered 8 months ago.

    1. James Bart Leonardi
    2. Elliott Lee Stapleton
    3. Robert Darius Dumbrys
    3 lawyer answers

    In Ohio, divorce will sever rights under a life insurance policy unless the policy falls within one of the limited exceptions. Here is an article on some of the exceptions to this rule: http://www.avvo.com/legal-guides/ugc/when-can-an-ex-spouse-receive-your-life-insurance-or-death-benefits-in-ohio If there were no beneficiaries of a policy, the proceeds would pass through Probate and may be subject to creditor claims. A Probate estate would need to be opened in the county of the deceased....

    5 lawyers agreed with this answer

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  5. Parents had a family trust set up/upon fathers death/mother in broke trust and is now rewriting will... Any way to stop this?

    Answered over 1 year ago.

    1. Elliott Lee Stapleton
    2. Charles Lawrence Huddleston III
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    The original Trust and the document you signed would need to be reviewed before the question could be answered. If the a Living Trust is revocable, the party that created the Trust can make changes. An Irrevocable Trust would require consent of all beneficiaries and can only be modified in certain situations. Generally, a Will can be altered without limitation during an individual's life. There can be restrictions established prior to a spouse's death which limit the surviving spouse's...

    5 lawyers agreed with this answer

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

    Answered over 1 year ago.

    1. Charles Lawrence Huddleston III
    2. Elliott Lee Stapleton
    3. Edward Albert Brown
    3 lawyer answers

    The Probate administration process typically depends more on the type of assets and creditors as opposed to purely the dollar amount. You may not need Probate at all if the assets are in a Trust or have a beneficiary designation. Here is the standard process for Probate Estate: Probate Court supervises the process of administering someone’s estate once they have died. If the person died with a will, the Court accepts the will and appoints the executor. If there is no will, the Court...

    5 lawyers agreed with this answer

  7. Who would get the house? we each have 3 grown children from prior marriage

    Answered about 1 month ago.

    1. Elliott Lee Stapleton
    2. Gilbert Gregory Arenstein
    3. Michael Leo Potter
    3 lawyer answers

    A surviving spouse has a right to elect against the will and to take the share he or she would have been entitled to if there was no will. If for example, the will left the estate to a trust and excluded the spouse, the spouse could take one third of the net probate estate if the decedent had two of more children. The Probate Court issues a citation to the surviving spouse when the will leaves the spouse less than the testamentary share. The spouse has five months after the appointment...

    4 lawyers agreed with this answer

  8. I would like to trademark a new business name. what would be my first step and the best way to get this done?

    Answered about 1 year ago.

    1. Jason Harris Rosenblum
    2. Elliott Lee Stapleton
    3. Terry Lynn Thomas
    4. Philip Leon Marcus
    5. Gene Bolmarcich
    5 lawyer answers

    To get full legal protection of your business name, a Federal Trademark application should be filed. If granted, a Federal Trademark will provide nationwide protection of the business name. To be registered, a Trademark must be used on products or associated with services that include the mark. It must be shown that such a Trademark is identified with a particular product or service, and it points directly to the origin or ownership. It is best to work with a qualified attorney to ensure...

    4 lawyers agreed with this answer

  9. What happens to an estate if the fiduciary dies six months later & the estate wasn't settled?

    Answered over 1 year ago.

    1. Elliott Lee Stapleton
    2. Charles Lawrence Huddleston III
    2 lawyer answers

    A new estate would need to be opened for the deceased surviving spouse’s assets to be transferred. These assets could include the proceeds from the husband’s estate. The final answer to this question would depend on what occurred while your father’s estate was opened (if the surviving spouse elected a spousal share or to take under the Will), the contents of his Will, and the contents of her Will.

    4 lawyers agreed with this answer

  10. How do I find an attorney to represent our family I a probate situation , my sister passed and all her property was left to us

    Answered 9 months ago.

    1. James P. Frederick
    2. Elliott Lee Stapleton
    3. Charles Lawrence Huddleston III
    4. Celia R Reed
    5. Joseph Michael Pankowski Jr
    5 lawyer answers

    For information on Ohio Probate, I have attached an initial checklist that should be helpful to get started.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

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