Questions answered by Elliott Lee Stapleton

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If someone passes away without changing their beneficiary, and that person is an ex spouse doesnt the predeceased clause stand?

Elliott's answer | Answered on March 13, 2014

In Ohio, there are two potential ways an ex-spouse can receive death benefits if designations are not updated: Life Insurance Beneficiary...

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Who would get the house? we each have 3 grown children from prior marriage

Elliott's answer | Answered on February 20, 2014

A surviving spouse has a right to elect against the will and to take the share he or she would have been entitled to if there was no will. If for...

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How do I get a court order granting a waiver of administration ?

Elliott's answer | Answered on January 22, 2014

In Ohio, if a life insurance policy has a living beneficiary, payment of the policy avoids probate. Any life insurance policy that does not have a...

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What happens if you die without updating beneficiaries of an IRA, and one of the beneficiaries is deceased?

Elliott's answer | Answered on January 11, 2014

Generally, if there is no living beneficiary for an IRA the account would go through Probate. If there is one deceased beneficiary and one living...

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What happens if a beneficiary has been considered dead for purposes of inheritance and theres no others and no estate?

Elliott's answer | Answered on September 04, 2013

In Ohio, divorce will sever rights under a life insurance policy unless the policy falls within one of the limited exceptions. Here is an article...

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How do I find an attorney to represent our family I a probate situation , my sister passed and all her property was left to us

Elliott's answer | Answered on July 10, 2013

For information on Ohio Probate, I have attached an initial checklist that should be helpful to get started.

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After a person is appointed executive of an estate through the courts, how much time period is there before inventory can be

Elliott's answer | Answered on April 20, 2013

The executor/administrator must file the inventory within three months of appointment by the Probate Court. The heirs and beneficiaries must...

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Well i have pretty much given up on long tern nursing home protection. irrevocable trust wise.

Elliott's answer | Answered on April 03, 2013

Using a Revocable Living Trust allows for the transfer of assets to beneficiaries, avoiding Probate. This type of Trust can substantially reduce...

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I would like to trademark a new business name. what would be my first step and the best way to get this done?

Elliott's answer | Answered on March 23, 2013

To get full legal protection of your business name, a Federal Trademark application should be filed. If granted, a Federal Trademark will provide...

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If I put my house & most of my saving in an irrevocable trust, may I still sell the house via my trustee and

Elliott's answer | Answered on March 20, 2013

Here is a link to an article on point with Mr. Huddleston's answer: http://www.fizzlaw.com/article/ohio-creditor-protection-legacy-trust

Elliott Lee Stapleton's Answers (42)

If someone passes away without changing their beneficiary, and that person is an ex spouse doesnt the predeceased clause stand?

Who would get the house? we each have 3 grown children from prior marriage

How do I get a court order granting a waiver of administration ?

What happens if you die without updating beneficiaries of an IRA, and one of the beneficiaries is deceased?

What happens if a beneficiary has been considered dead for purposes of inheritance and theres no others and no estate?

How do I find an attorney to represent our family I a probate situation , my sister passed and all her property was left to us

After a person is appointed executive of an estate through the courts, how much time period is there before inventory can be

Well i have pretty much given up on long tern nursing home protection. irrevocable trust wise.

I would like to trademark a new business name. what would be my first step and the best way to get this done?

If I put my house & most of my saving in an irrevocable trust, may I still sell the house via my trustee and