Questions answered by Elizabeth Smith Schmitz

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In Ohio, can a relative be a witness and sign for a financial durable power of attorney?

Elizabeth's answer | Answered on April 26, 2009

The power of attorney should be witnessed by two persons who are not related to the individual either by blood or marriage. It shoudl also be...

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My aunt died in June, 2008 in Ohio, and her will was filed in probate a month later. Since then nothing has been done by

Elizabeth's answer | Answered on April 25, 2009

If probate court deadlines have been missed then you would have grounds to remove the executor. Consult with a local probate attorney who can...

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Do will's have to be filed with the courts/and are they public records

Elizabeth's answer | Answered on April 22, 2009

If a probate proceeding is necessary (if the deceased own property in his or her name) then the will must be filed with the court and the will is...

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Contracts signed by a decedent before death

Elizabeth's answer | Answered on April 21, 2009

The estate is probably responsible for the payment. You should consult with a probate attorney who can review the contract and advise on the...

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Paying taxes on a trust

Elizabeth's answer | Answered on April 21, 2009

It depends on the terms of the trust. You should consult with an estate planning attorney who can review the trust and determine your daughters'...

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My 17 1/2 year daughter has money from an insurance policy when her father died. She needs the money. Does she have to be 18?

Elizabeth's answer | Answered on April 21, 2009

A guardian account can be closed if the value of the account is below $10,000.00. You can apply to the court for permission to spend some of the...

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Are life insurance bequests subject to seizure by Medicaid?

Elizabeth's answer | Answered on April 20, 2009

The proceeds from the life insurance may be exempt from a Medicaid Estate Recovery claim. You should consult with an attorney who can review all...

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My husband's parents have made no provisions for their savings account money or other assets. What happens when one or both pass

Elizabeth's answer | Answered on April 15, 2009

If someone dies without a will in the state of Ohio then the property passes according to the statute of descent and distribution. In general...

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MY daughter has mosaic downs she is almost 18 she seems to be alright do i need to get guardianship and how does this help her/I

Elizabeth's answer | Answered on April 14, 2009

Once your daughter turns 18 you cannot legally handle finances for her or make health care decisions for her. Without her permission a doctor...

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Survivorship deed

Elizabeth's answer | Answered on April 10, 2009

With regard to the real estate you will need to file an affidavit and the death certificate with the county recorders office. A probate attorney...

Elizabeth Smith Schmitz's Answers (421)

In Ohio, can a relative be a witness and sign for a financial durable power of attorney?

My aunt died in June, 2008 in Ohio, and her will was filed in probate a month later. Since then nothing has been done by

Do will's have to be filed with the courts/and are they public records

Contracts signed by a decedent before death

Paying taxes on a trust

My 17 1/2 year daughter has money from an insurance policy when her father died. She needs the money. Does she have to be 18?

Are life insurance bequests subject to seizure by Medicaid?

My husband's parents have made no provisions for their savings account money or other assets. What happens when one or both pass

MY daughter has mosaic downs she is almost 18 she seems to be alright do i need to get guardianship and how does this help her/I

Survivorship deed