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Someone on Avvo recently asked: "My brother Ric left his house to my mom and brother Doug but Doug died 2 years ago and Ric never updated his will. Does Dougs part go to his adopted daughter or to my mom or me the only other sibling left?"

Answer from Ohio Estate Planning Attorney Staten Middleton: "I agree with the previous answer. But you also need to consider an often overlooked possibility that the title to the property may be held in such a way that the real estate does not pass through the Will. That is, it may be held with survivorship rights, transfer on death, etc.. Those provisions generally override designations in a Will. A review of the title to the property would also be required."

Someone on Avvo recently asked: "Is a will wrote on paper and noterized legal"

Answer from Bowling Green, Ohio Estate Planning Attorney Staten Middleton: "

More information is needed. Does your mother live in Ohio. The law in Ohio provides:

Except oral wills, every will shall be in writing, but may be handwritten or typewritten. The will shall be signed at the end by the testator or by some other person in the testator's conscious presence and at the testator's express direction.

The will shall be attested and subscribed in the conscious presence of the testator, by two or more competent witnesses, who saw the testator subscribe, or heard the testator acknowledge the testator's signature.

For purposes of this section, "conscious presence" means within the range of any of the testator's senses, excluding the sense of sight or sound that is sensed by telephonic, electronic, or other distant communication.

That is deceptively simple. There have been thousands of law suits over the technical application of this rule to what initially sounds simple. I would suggest you contact a lawyer to draft one so you don't have to worry about it.

Also, many assets pass on death without a Will or even in direct contradiction to a Will. Most attorneys should be able to advise you about this. "

Someone on Avvo recently asked: "How do you probate an estate that is less than $6000 assets and 15,000 in debt??"

Answer from Ohio Estate Planning Attorney Staten Middleton: "I would suggest you not open an estate until you talk to someone familiar with probate. It may be that the estate can be administered in such a way that the debts do not have to be paid. However, this depends on the type of debt, date of death reimbursement for funeral bill and many other variables."

Someone on Avvo recently asked: "Are heirs financially responsible for liens on parents estate?"

Answer from Ohio Estate Planning Attorney Staten Middleton: "There are multiple issues in your question. I would urge you to contact a lawyer familiar with these issues. There are opportunities to avoid the unsecured debt in a probate estate for assets passing through probate. Also, you have an opportunity to compromise (reduce) the amount owed secured creditors. The person that paid a funeral bill may be entitled to reimbursement ahead of unsecured creditors. Also, the person administering the estate (Executor, Administrator) may be entitled to a fee for that work that would take priority over unsecured claims. I would think you would find after meeting with a knowledgeable lawyer that there are more opportunities than you imagined."

Someone on Avvo recently asked: "Need to sell my mom's house for nursing home fees. Do we need to do anything with title to sell?"

Answer from Ohio Estate Planning Attorney Staten Middleton: "It sounds as if you need an attorney familiar with Medicaid planning and eligibility. That person would first want to verify how the house is titled. That is, whether it is owned with someone else, such as your father. Also, the home is exempt for a certain time if not occupied by a community spouse or disabled child. You may find that you have competence issues even if you are required to sell. For instance, your mother may not have the capacity to sign a purchase contract, deed and other closing documents. If she does not have capacity you will have to use a person acting as attorney in fact under a financial power of attorney with provisions allowing the sale you contemplate. If you do not have a power of attorney then you will need to consider a guardianship."

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Someone on Avvo recently asked: "My Father passed away on AUG 19, 2012 he has a will and left his daughter which is me as the executor of his estate. I went to close his bank account out and they said the will was out date and there's no seal. The date on the will is may 5,1994... please tell me what to do."

Answer from Wood County, Ohio Probate Attorney Staten Middleton: "I agree with what has already been said and would like to add some additional thoughts. In some cases it may be wise to leave the account open. This would allow you to deposit checks made payable to your father. This may be a good idea in certain circumstances. Otherwise, you will need some form of probate administration simply to cash a check.

Also, the bank may be able to confirm whether the account has a joint owner or pay on death beneficiary. In that event, all you need is the death certificate and drivers license for the joint owner or beneficiary."

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Someone on Avvo recently asked: "If you are the 2nd person to be power of attorney and the person before you is your sister, can you over rule her?"

Answer from Wood County, OH Estate Planning Attorney Staten Middleton:" It depends on what the terms of the Power of Attorney are. That is the POA may not include the power to make decisions concerning medical treatment and placement. Also, I am not sure from your facts as to whether your father and sister are co-attorneys in fact (persons appointed to act) under the POA or if there is a priority. The terms in the document are critical and should be reviewed by an attorney familiar with these cases."

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Someone on Avvo recently asked: "My husband has POA to sell his fathers home. The proceeds are intended to be used for his care and living expenses. He is in assisted living. He has not proved to be wise with finances and we suspect gambling. How can my husband protect the proceeds from him and make sure they are used for his expenses and end of life expenses. He has no life insurance and the family will need money to pay for a funeral."

Answer from Wood County, Ohio Estate Planning Attorney Staten Middleton: "I am sorry to hear about your situation. Unfortunately, your husband's father is free to act on his own behalf as long as he is not determined by a Court to be incompetent. A power of attorney alone does not make the maker incompetent. I have encountered similar situations and have addressed it by quickly moving to establish a guardianship through a probate Court.
However, simply establishing a guardianship is not enough. The next step is to transfer all assets to the guardian. That ensures that only the guardian may transact business. If this step is not taken his father may still transact business, such as making withdrawals. An account holder is generally not liable if they provide assets to a person determined to be incompetent so long as they are not aware of the incompetence determination.

Powers of Attorney are generally designed to avoid the necessity of a guardianship except in cases where the maker of the POA does not act in their own best interest.

I would suggest your consult an attorney familiar with these matters and wish you and your family the best."

Someone on Avvo recently asked: "My sister in law has medical poa over my mother in law. She has my mother in law in a nursing home locked dementia unit."

Answer from Bowling Green, OH Estate Planning Attorney Staten Middleton: "Another point is the person acting under a valid financial POA may have control over your mother in laws assets including the home. That may include the power to evict someone from the home. This all depends on the validity and powers contained in the financial POA as well as the title "ownership" of the house. I would suggest you speak with an attorney capable in these matters to confirm these issues for you."

Someone on Avvo recently asked: "I recently lost my husband and lost 2000 a month from ss and retirement pension. i get 903 a month i owe 15000 in cc debt..."

Answer from Bowling Green, OH Probate Attorney Staten Middleton: "Do not try to open an estate until you talk with a lawyer familiar with probate and collection issues. The credit card debt may be avoided completely in certain circumstances."

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