Questions answered by Elizabeth Smith Schmitz

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Is there a time limit an executor can leave a last will and testament case open in the state of Ohio?

Elizabeth's answer | Answered on March 30, 2009

Most estates need to be closed within 6 months from appointment. If an estate tax return is due or there are other circumstances requiring the...

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State Laws Governing the Settlement of small Estates that is NOT to be Probated.

Elizabeth's answer | Answered on March 12, 2009

Once someone passes away a power of attorney is no longer effective. Based on the facts you presented you will need to get authority from the...

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Do I need to probate my mother's small estate

Elizabeth's answer | Answered on March 11, 2009

If there are just a few hundred dollars in your mother's estate you may be able to use a release from adminstration procedure. You would need to...

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Married couple with no children from this marriage, Two grown children from previous marriage. Do they have any legal rights.

Elizabeth's answer | Answered on March 10, 2009

If your husband would die without a will his children would have a right to a portion of his property. He can sign a will that disinherits his...

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What are the probate steps involved when my parents are gone.?

Elizabeth's answer | Answered on February 21, 2009

Your question is really broad but in general it depends on how the assets are owned and if your parents have a will. If the assets are what...

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Funerals, willls, and kids, who does what....who gets what (in ohio)

Elizabeth's answer | Answered on February 20, 2009

In Ohio a person who contracted and paid for a funeral can be paid out of the probate estate. The probate estate is any assets that where in the...

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Im a single parent my babies dad died while i was preg. I have to have surgery on fri if i write a will on my own will it be leg

Elizabeth's answer | Answered on February 18, 2009

You should have something in writing expressing your wishes regarding your daughter. If you cannot afford an attorney try contacting...

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My mom had a stroke, I am the oldest son but my youngest brother is trying to get a poa, to make all decisions, can he do this?

Elizabeth's answer | Answered on February 18, 2009

I agree with the previous answer. Under Ohio law she would have to have the capacity to sign a power of attorney. If you brother is seeking a...

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My grandmother owns a real estate,how can i protect it from others(ex.greedy relatives) who wants to tries getting it from her?

Elizabeth's answer | Answered on February 17, 2009

Your grandmother needs to consult with an estate planning attorney or an elder law attorney as soon as possible to make sure she is protected and...

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I have a will, a living will and a durable power of attorney which I validly created in 2002.

Elizabeth's answer | Answered on February 16, 2009

No if the only thing that changed was your address then you should not need to redo the documents. You should review your documents every 5...

Elizabeth Smith Schmitz's Answers (421)

Is there a time limit an executor can leave a last will and testament case open in the state of Ohio?

State Laws Governing the Settlement of small Estates that is NOT to be Probated.

Do I need to probate my mother's small estate

Married couple with no children from this marriage, Two grown children from previous marriage. Do they have any legal rights.

What are the probate steps involved when my parents are gone.?

Funerals, willls, and kids, who does what....who gets what (in ohio)

Im a single parent my babies dad died while i was preg. I have to have surgery on fri if i write a will on my own will it be leg

My mom had a stroke, I am the oldest son but my youngest brother is trying to get a poa, to make all decisions, can he do this?

My grandmother owns a real estate,how can i protect it from others(ex.greedy relatives) who wants to tries getting it from her?

I have a will, a living will and a durable power of attorney which I validly created in 2002.