Archived
Is an amendment to a will considered "Legal" if the person signing it has brain damage with considerable memory deficit?
CL's answer
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Answered on June 16, 2014
This is an increasingly common problem because of long lifespans, declining capacity and dementia. Often, the least qualified (and often-troubled)...
Right of Bank to "set-off" against deceased person's Probate bank account.
CL's answer
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Answered on June 16, 2014
There is a high probability that the bank's loan document permits them to take the funds in any accounts at the bank (a good reason to get car...
Archived
Stock certificate found for a woman who died in 2004. Executor of estate also deceased.
CL's answer
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Answered on June 16, 2014
Assuming this is an Ohio estate, it will most likely require re-opening of the estate and appointment of a new executor to get sufficient authority...
Archived
Will the legal funds required to hire an attorney for Relief from Administration come from estate or from my pocket?
CL's answer
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Answered on June 16, 2014
Attorneys are almost always paid from estate proceeds. However, "Relief from Administration" cases are tricky because the Court is not supervising...
Archived
Mother passed away left will, oldest named executor. Can personal items be divided before probate???? Rings, furniture, etc???
CL's answer
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Answered on June 06, 2014
No one is legally allowed to "distribute" any property owned by the decedent without approval of the probate court. It is a breach of the...
Archived
My father passed away in 2011 in Ohio. I know he had a will but it was never filed with probate. How do I get a copy?
CL's answer
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Answered on June 06, 2014
This happens all the time. It is ludicrous for remarried parents to leave their Wills in the home where it will be controlled by the surviving...
Archived
Can I find out, if someone's been declared incompetent? Online? Free? Have name, city, state.
CL's answer
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Answered on May 29, 2014
Records of incompetency declarations are found in county probate courts. In Ohio, most counties have at least limited online access to records...
Archived
What can we do?
CL's answer
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Answered on May 29, 2014
In the absence of allegations of fraud, copies of signed Wills are admissible in Ohio. Make sure you see an expert, preferably a Certified...
Archived
How to go about contesting an estate attorneys settlement? Statue of Limitations?
CL's answer
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Answered on May 28, 2014
You don't say when , or if, the final account was filed and approved by the court. It may be possible to file to re-open the estate. Absent that,...
Archived
My mother died almost 2 yrs ago I moved into her house as her request now my brothers are trying to kick me out what do I do?
CL's answer
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Answered on May 28, 2014
Oral wills are valid in Ohio, but only if reduced to writing and witnessed within 10 days of the oral statements. You can probably get reimbursed...