Archived
My husband's rights involving the care of his mother and her estate? Does his brother have the authority to whatever he likes?
CL's answer
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Answered on July 17, 2019
I agree with my colleagues. If you are concerned about the mother’s well-being and possibility of financial misbehavior by her son, you need to...
Archived
I have a valid will written when I lived in CA from 2013-2016. Is it legal in Ohio?
CL's answer
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Answered on July 12, 2019
It doesn't really matter whether the Will was valid in any other state. To be valid in Ohio, Wills must be signed by two witnesses who attest that...
In the state of Ohio, do you have to have 2 witnesses along with a notary?
CL's answer
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Answered on July 12, 2019
In Ohio, POA's do not require witnesses. We typically prepare our financial POAs with witnesses in case they might be needed for real estate...
Archived
Updates to Wills and Trust in Ohio?
CL's answer
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Answered on July 10, 2019
One cannot properly amend either a Will or a Trust by marking it up and initialing the changes. It is a thing often done by people trying to save...
Had a probate case 3 yrs ago. Judge ordered party to remove cars they will not?
CL's answer
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Answered on July 10, 2019
If a judge ordered it and the Executor did not do it, the beneficiaries can return to court to force the issue. The judge can find the Executor in...
Archived
DOES THE PRINCIPLE NEED TO BE WITH THE POWER OF ATTORNEY WHEN THE DOCUMENT IS NOTARIZED?
CL's answer
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Answered on July 05, 2019
The principal must sign the Power of Attorney in the presence of a notary public. You will need to work with jail or prison officials to find out...
Archived
Pour-Over Wills
CL's answer
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Answered on July 04, 2019
Your understanding is not correct. A "Pour-Over" Will names a living trust as its beneficiary, so that any "probate" assets pass to the Living...
Archived
Can I remove a Guardian of the Estate if his only solution is to sell a property?
CL's answer
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Answered on July 04, 2019
Guardians can be removed for not properly discharging their fiduciary duty to the Ward and to the Court. If there are available assets and bills...
What do I need to do to remove a successor trustee under Ohio 5807.06 Removal of trustee - grounds - protective measures?
CL's answer
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Answered on June 30, 2019
You are going to need a trust and estates specialist to help you. Anytime there is a family member dispute of this nature, you are going to...
Archived
Question about possible breach of fiduciary duty
CL's answer
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Answered on June 26, 2019
Your statement "opened a new insurance policy in her name" has no meaning. Any policy that names the estate as beneficiary, is payable to the...