Questions answered by Elizabeth Smith Schmitz

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What is the wife entitled to if the will has not be updated since the marriage,is she entitled to half even if

Elizabeth's answer | Answered on January 26, 2011

You will need to file an election against the will to protect your spousal rights. This election will only apply to probate property, property...

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Real property in a different state than the state of residence

Elizabeth's answer | Answered on January 26, 2011

You will need a probate administration in Pennsylvania and then an ancilliary administration in Ohio in the county where the property is located.

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Succession. My father died in May 2010, left his house through a revocable trust to my 1/2 brother.

Elizabeth's answer | Answered on January 24, 2011

You should have an attorney review the terms of the trust. The answer to your question will depend on the terms of the trust and what happens if...

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Do I have to pay a deceased spouse's bills.

Elizabeth's answer | Answered on January 24, 2011

In general under Ohio law the debts of a decendent must be paid out of the probate estate. If there is not a probate estate then the creditors...

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Probate in ohio

Elizabeth's answer | Answered on January 24, 2011

It depends on why there signatures are necessary. If they need to be notified of the probate of the will, they can be sent the notices by...

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When a spouse dies,how long can one keep a joint account in both names before it has to be changed (legally)?

Elizabeth's answer | Answered on January 23, 2011

There is no legal time requirement for changing the name on a joint bank accounts for spouses. I have had clients who have not gotten around to...

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Myelderly motherhas been rentening a property in dayton ohio for 2 years and was informed a month that the house is in forclsre

Elizabeth's answer | Answered on January 21, 2011

You should check out this website http://www.ohioattorneygeneral.gov/SpeakOutOhio/Foreclosure/Tenants-Rights-Regarding-Foreclosure

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Just completed a Transfer upon death affidavit (Ohio) so that my Mom and Dad's house will not go through probate.

Elizabeth's answer | Answered on January 20, 2011

How the property passes upon the death of a sibling depends on how the siblings are named on the transfer on death affidavit. If the siblings are...

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I have POA over my mother but my sister and another attorney have filed for guardianship, mom doesn't want either one. Wants me.

Elizabeth's answer | Answered on January 19, 2011

Generally the court is supposed to honor any powers of attorney that are in effect. You should talk to an attorney who can represent you at the...

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If my father passed away and he is the only one on the deed but and he is primary and his ex. wife is a co signer what happens.

Elizabeth's answer | Answered on January 17, 2011

You should consult with a local probate attorney as soon as possible. If your father is the only person named on the property then the real...

Elizabeth Smith Schmitz's Answers (421)

What is the wife entitled to if the will has not be updated since the marriage,is she entitled to half even if

Real property in a different state than the state of residence

Succession. My father died in May 2010, left his house through a revocable trust to my 1/2 brother.

Do I have to pay a deceased spouse's bills.

Probate in ohio

When a spouse dies,how long can one keep a joint account in both names before it has to be changed (legally)?

Myelderly motherhas been rentening a property in dayton ohio for 2 years and was informed a month that the house is in forclsre

Just completed a Transfer upon death affidavit (Ohio) so that my Mom and Dad's house will not go through probate.

I have POA over my mother but my sister and another attorney have filed for guardianship, mom doesn't want either one. Wants me.

If my father passed away and he is the only one on the deed but and he is primary and his ex. wife is a co signer what happens.