If a person dies in a car accident, for example, the executor or administrator has the right to bring an action for wrongful death and a survival action against the driver who caused the accident. A wrongful death action is…
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The executor, administrator and trustee are also called fiduciaries. This is because they owe the estate, trust, and the beneficiaries of the estate or trust a fiduciary duty to act in the best interest of the estate, trust, and the…
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A surviving spouse is entitled to two automobiles outside of the probate process. The two automobiles can be transferred to the surviving spouse with a death certificate and an affidavit. The two automobiles may not exceed $40,000. Additional automobiles, in…
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Just like at the opening of the estate and the filing of the Inventory, the beneficiaries can file objections to the account five days before the hearing.
Ohio Law has written a will for those people who die without one. The law is called the Statute of Decent and Distribution. If you have no will, then you have died intestate. This law outlines who receives your estate. …
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Distributions are made in accordance with the terms of the will. A will may contain specific bequest like $5,000 to each grandchild or 2% to my church. These items are paid first. A specific bequest or device can be an…
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A bond is an insurance policy purchased by the estate to guarantee the performance of the administrator. If the administrator steals from the estate, the insurance company replaces the assets that are taken. The bond requirement is for twice the…
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The Probate Court would select the administrator of your estate and guardian’s for any of your minor children. Somebody from your family or otherwise would apply to be appointed the administrator of your estate. The Probate Court would have a…
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Someone files an application to open an estate without a will and to be appointed as the administrator of the estate. This is typically a spouse, child, or other family member. In some cases it is an attorney applying to…
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At the same time as the will is admitted to Probate Court, the executor who is listed in the will is appointed as the executor. Many lawyers have abandoned the gender specific terms of executor applying to a male and…
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