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Sherrille Diane Akin

Sherrille Akin’s Answers

404 total


  • What is the cheapest and fastest way to sign over guardianship?

    We are transferringguardianship of me, to my aunt. And we need a cheap way to do it.

    Sherrille’s Answer

    You can't just sign over a formal guardianship from one person to another. The current guardian needs to ask the court for permission to resign and then the court has to appoint a new guardian. In that process, the Court has to determine whether the new guardian is qualified, which it may or may not. As far as fast goes, that all depends upon the court's schedule and availability of hearing times. If funds are an issue, you might check with your county legal aid office or find out from the Dayton Bar Association whether an Interfaith Legal Clinic is available to assist you. If there is a fomal guardianship, then I presume there was an attorney involved at some point. You should contact that person as well to see if he/she has any suggestions. Best wishes to you.

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  • If i have durable power of attorney and get sent to prison, does that revoke my privileges

    i have durable power of attorney of my mother. I got sent to prison and one month later, she passed away. now my sister is trying to take things over. did i lose my poe privileges by going to jail?

    Sherrille’s Answer

    Please accept my condolences on your loss. My colleagues are correct in that your mother's death (not your incarceration) terminated any authority you had under the power of attorney document. At someone's passing, no family member has an automatic right or authority to "take over." Rather, the court appoints an executor (if your mother left a Will) or an administrator (if she died without a Will) to handle your mother's final affairs. If your mother did not leave a Will that names someone as executor of her estate, all of her children would have equal rights to appointment as administrator. If multiple siblings ask the court for appontment, the Court would have to decide who the most "suitable" person is to handle the job. If you are currently incarcerated, there is little to no chance that the court would appoint you as administrator. If you are no longer incarcerated, the court would consider whether your criminal conviction is such that it should disqualify you. For guidance on those subjects, you would need to talk with an attorney in the county where your mother resided. Best wishes to you.

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  • My son is 2 and got a settlement of 10,000 in a trust fund til hes 18. can i have the money now to supprt my family?

    myson was hit by a car when he was 18 months. our lawyer recently settled our case and my son is getting a settlement of $10,000 thats beingput into a trust fund until he turns 18. I was originally told that if thhe settlement was $30,000 or more ...

    Sherrille’s Answer

    You should consult with your attorney on this matter and follow his advise. However, as a general matter, this money belongs to your son not you and is not to be used for the support of any one. Of course you intend to pay back the money by the time your son is 18, but that is not the point. You would owe him the money plus the income and growth the funds would experience over the next 16 years as well. Often times, courts require settlements such as this be placed in a trust account for the specific purpose of protecting the money from being spent by or for the benefit of someone else. Please do not regard this fund as an account that you can freely use. Ignore it and look for other options with respect to your finances. Then, when your son reaches the age of 18, there will be a nice sum available to assist him with college or other educational expenses.

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  • Please provide language to specifically exclude a son-in-law from a will in Ohio.

    My daughter has passed away and I do not want to leave anything to my son-in-law as he has not spoken to me in years since my daughter died. I want to make sure that he is excluded. I also have a provision in my current will that any person that...

    Sherrille’s Answer

    This site is not intended for the provision of legal services. If you have a Will then you need to go back and see the attorney who prepared it and ask him those questions. If he is not available or you want to use a new attorney, there are plenty of qualified estate planning attorneys in the Medina area who can assist you, including a number on this site.

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  • If a estate is still is not settle, how long do I have to sue some one that owes the estate

    the trustee never collected rent money from my sister, she has moved off the property 15 months ago, the same sister also was collecting the money from the pole barn rental, she also was collecting other rental propertys, I no, she was col...

    Sherrille’s Answer

    You need to retain legal counsel to evaluate your situation and advise you on your rights. As a beneficiary, you can't sue anyone for debts owed to the trust. That is the trustee's responsibility. If the trustee isn't doing his/her job and the trust estate suffers a loss because of it, then you could sue the trustee for breach of fiduciary duty and negligence. The figures you reference are substantial enough that it is worthwhile to hire an attorney to help you figure this situation out. There are deadlines for making different claims, so it is important that you obtain these answers ASAP.

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  • If the probate juge tells the trustee, he must sell the personal property first, but the trustee dosn't, he sells the farm land

    the trustee sells the farm and houses, but the cars are still on the property. personal house property, some is still in the house, alot of it was stolen, I never have recieved a check from the property, does that mean I'm still part owner, ...

    Sherrille’s Answer

    You should retain an experienced estate litigator who practices in your county immediately to review the facts and determine what your interest in the estate is. Personal property (translation: stuff) typically has little to no value unless it is big items like farm equipment, etc. You are unlikely to obtain the answers you want or need from a site like this because those answers are heavily dependent upon all of the facts of your case. Best wishes to you.

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  • What do you pay taxes on in an estate?

    Father is ready to pass and we are trying to figure out what is best to do with estate money. If checking accounts have dual names on it, His and mine. No estate tax,Right? This includes a money market account. Bonds and CD are POD, if left alo...

    Sherrille’s Answer

    You have offered way to many facts and questions to obtain a reliable answer in this forum. You mix up income tax, estate tax, and medicaid qualifications in one question. Initially, though, any asset held in your father's name, either solely, jointly, or with a transfer on death designation, or which is transferred within three years of his death IS subject to the Ohio estate tax. The Ohio estate tax will be repealed effective December 31, 2012 but for all deaths on or prior to that date applies to estates in excess of $338,333. Doesn't matter if the assets pass through probate or not. As it appears you are considering Medicaid eligibilty, your father needs to consult with an experienced elder law attorney ASAP. If he is unable to make decisions for himself at this point and if he has not authorized an agent under a durable power of attorney to make transactions for this purpose, then you will need to be appointed as your father's guardian before proceeding. You should not take any action without first consulting with an attorney with experience in these areas. Best wishes to you and your entire family during this difficult time.

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  • The current trustee is suing all the beneficiaries of the trust, not just the individual it alleges stole money, why?

    I am the beneficiary of a trust. The current trustee (a corporation) claims that the former trustee stole money from the trust and has filed a lawsuit not only against the individual who allegedly stole the money, but against all the beneficiaries...

    Sherrille’s Answer

    All persons interested in the trust may be required defendants to the case, depending upon the basis of the allegations. Theoretically, the improper activity of the trustee could involve dealings with beneficiaries or inappropriate distributions so that is probably why the beneficiaries are named. From a plaintiff's perspective, naming the beneficiaries make them parties to the case and subject to discovery, etc. As my colleagues have suggested, you should not ignore the case even if the primary claim of recovery is not claimed against you. If your interests and positions are the same as one or more of the other beneficiaries, you could consider jointly hiring an attorney to represent all of you to file an answer denying the allegations, etc. and putting your position on the record. Failure to answer the complaint could result in the court deeming you as admitting the allegations and could jeopardize your efforts to contest those facts later (either in the case or on appeal). If you are thinking about hiring an attorney jointly, please be aware that your position cannot conflict with the other beneficiaries represented by the attorney. So, if you got something that another beneficiary didn't get (or vice versa), joint respresentation would not be advisable. Please feel free to contact me if you have any questions about your specific facts.

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  • Can a lending institution deny a loan after the contract has been signed. There reason was that the credit score had dropped.

    We had a signed contract to finance a manufactured home loan. On of the stipulations was that another loan we have be paid off. The dealer we are going through said he would pay off the loan. The day that he was going to pay off the loan, he cal...

    Sherrille’s Answer

    Yes, it can. This is why it is important that you watch your credit and not incur any new charges, accounts, etc. until your large purchase is completed. You don't have a loan until the loan closes and the funds are released to you. Up until that point, the lender can change its mind. Also, the lender and the dealer are two different entities. I would presume that yoru contract to purchase the home was conditioned upon your qualification for suitable financing.

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  • I have a 25 year old mentally disabled child that I want to get guardianship of. how do I do this? Can I do it without a lawyer?

    daughter is capable of working entry level very basic jobs, but can not have much more than that.

    Sherrille’s Answer

    I would echo the comments of my colleagues that you should retain the services of a guardianship attorney in your county to assist you with this process. How complicated the process is depends upon several factors. First, how disabled is your child and would she object to the appointment of a guardian. Next, is she involved with county services (MRDD or ADAMH)? If so, then those agency(s) will need to be included in the process. Finally, what is the purpose of the guardianship? To give you authority to make medical decisions, to manage her finances, or both? Guardianships over a person (i.e., medical, residential and educational decisions) are a little easier than guardianships over someone's estate (i.e, their assets and money). If you are guardian of the estate then you will have to post bond, which you may not be able to obtain without being represented by an attorney. A qualified attorney would be able to assist you through this process. If cost is a limiting factor, you should check with the county probate court to see if it has an indigent fund (I don't know if Warren County has this program) which would appoint an attorney to assist you. Lastly, legal aid may be able to assist you. Best wishes to you.

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