What is the difference between common and solemn form probate in Ohio?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Ohio does not use the terms “common form” and “solemn form” probate as found in some other states. Instead, Ohio governs probate through a uniform process under Ohio Revised Code Chapter 2107. All probate matters unfold in the probate […]
Read article →Do I have to list personal property assets when completing a year’s allowance in Ohio?
Disclaimer: This article provides general information about Ohio probate law. It does not constitute legal advice. Consult a qualified probate attorney to address your specific situation. Detailed Answer What Is a Year’s Allowance? Under Ohio law, a surviving spouse may claim a year’s allowance from the decedent’s personal property for support during the first year […]
Read article →How to Determine Which Tasks Are Covered Under an Initial Probate Representation Agreement in Ohio
How to Determine Which Tasks Are Covered Under an Initial Probate Representation Agreement Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a licensed Ohio attorney for guidance specific to your situation. Detailed Answer 1. Review the Scope of Representation Clause Your initial probate representation agreement—often called a retainer agreement—should […]
Read article →May I petition a court to remove an estate administrator who refuses to fulfill their duties? (OH)
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a licensed Ohio attorney for advice regarding your specific situation. Detailed Answer Under Ohio law, any person interested in an estate can ask the probate court to remove an administrator who refuses to perform required duties. The probate court oversees […]
Read article →How to Request an Extension for Filing a Final Accounting in Probate in Ohio
Disclaimer: This article provides general information only and does not constitute legal advice. Always consult a licensed attorney for guidance on your specific situation. Detailed Answer 1. Recognize the Deadline Under Ohio Law Under Ohio Revised Code §2109.30 (https://codes.ohio.gov/ohio-revised-code/section-2109.30), an executor or administrator must file a final accounting within six months of appointment. This accounting […]
Read article →Do I Need to Open an Estate to Pursue a Wrongful Death Car Accident Claim in Ohio?
Detailed Answer Understanding Wrongful Death Actions in Ohio In Ohio, a wrongful death claim arises when a person dies due to another’s wrongful act or negligence, such as a fatal car accident. The Ohio Revised Code § 2125.02 requires that only the decedent’s personal representative may bring a wrongful death action. That personal representative is […]
Read article →How to Apply for Letters of Administration in Ohio and What AOC Forms Are Required
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified probate attorney to discuss your specific situation. Detailed Answer In Ohio, letters of administration empower an individual to manage and distribute the estate of someone who died without a valid will (intestate). The process takes place in the […]
Read article →How to Distribute Wrongful Death Proceeds to Rightful Heirs in Ohio
Disclaimer: This article provides general information only and does not constitute legal advice. Consult a qualified attorney to address your specific situation. Detailed Answer Under Ohio law, a wrongful death claim proceeds in one lawsuit, but courts distribute any recovery among the decedent’s heirs according to the Ohio Revised Code. Key statutes include: Ohio Revised […]
Read article →How to Obtain and Review Documentation of a Medicaid Claim Against an Inherited Estate in Ohio
Detailed Answer When a Medicaid claim is filed against an inherited estate in Ohio, heirs may need to obtain and review supporting documentation to understand the claim’s basis and evaluate potential challenges. Follow these steps under Ohio law: Identify the Probate Court FileOhio probate courts handle estate administration. Locate the decedent’s probate case in the […]
Read article →How to Obtain and Review Corporate Formation Documents and Bylaws for a Decedent’s Business Interest in Ohio
Detailed Answer Disclaimer: This article is for informational purposes only and does not constitute legal advice. When a business owner dies, the executor or personal representative must gather corporate formation documents and bylaws to understand estate assets. Under Ohio law, these records include the articles of incorporation and corporate bylaws. Follow these steps: Identify the […]
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