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    clearaudio's Avatar
    clearaudio Posts: 13, Reputation: 1
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    #21

    Jan 30, 2014, 02:34 PM
    My Mother did in fact have private insurance other than and above Medicare. I received two checks from her insurance indemnity plan which as well paid her for being in medical care and routine doctors visits. They told me that my Aunt tried to get that money but they found that I was the sole beneficiary being the closest next of kin.They found me through her obituary and contacted me. My Aunt sent me a very short message stating that her records indicate that I had received $***** from my mothers indemnity policy. Enclosed with a was a ring owned by my Mother that my Aunt thought I would like to have. Basically worth $500.00 but I am keeping it in memory of my Mother because she wore it a lot. My Mother sold her home back in 1989 and put the money into CD accounts, also in 1991, my grand mothers estate which she was pretty well off. This all went into Cd, even my Fathers alimony termination settlement which was a considerable amount as well went into Cd accounts. There is as well her personal checking account to take into consideration. My mother did have a comfortable life financially and never needed or wanted for anything. These Cd accounts were a high interest yielding and have matured countless times over the course of 30 plus years. She just kept rolling them over. If I am to do the ground work first before hiring a lawyer how do I get this information ?
    Also I had contacted the hospice and they told me that all her financial responsibilities had in fact been paid in full.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #22

    Jan 30, 2014, 03:07 PM
    So there probably are enough assets to make it worth a trip to Ohio. If you want to hire someone, you are going to need to pay in advance (most likely). Again, you have to start looking for a lawyer.
    1) You need to find out if there was a will. If there was, it should have been filed with Probate by now. If it wasn't filed, then you can apply to be executor, and whoever your mother named as executor will have to fight you to get appointed.
    2) If there was no will, you will inherit everything that doesn't have a beneficiary. Insurance has beneficiaries, and sometimes bank accounts, and people named on deeds with right of survivorship.
    If you don't have money, you should try to borrow some. A lawyer might charge 300/hr or a third of whatever you get. The latter isn't too likely.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #23

    Jan 30, 2014, 03:20 PM
    Here is what I believe what OP should do:

    1. contact the clerk of the probate court in the county where the mother lived. Ask if a probate case has been filed and, if so, whether a will was also filed. If a will was filed ask the clerk to send you a copy, as well as the contact information for the attorney for the estate.

    2. With this information in hand, OP should contact an attorney in Ohio. We have no idea what an attorney may charge until such an attorney is asked. If I were practicing law in Ohio I would probably look at the paperwork that has been filed and take it from there (as far as how much if anything I would charge up front).

    3. In the previous post, Joy suggested a trip to Ohio. No need to take the trip until the above things have been done.
    clearaudio's Avatar
    clearaudio Posts: 13, Reputation: 1
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    #24

    Jan 30, 2014, 03:51 PM
    I have written the probate judge in Loraine county, Ohio, and he said that there is no record of an estate or a will filed on behalf of my Mother in the state of Ohio and suggested I hire a lawyer.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #25

    Jan 30, 2014, 03:57 PM
    Quote Originally Posted by clearaudio View Post
    I have written the probate judge in Loraine county, Ohio, and he said that there is no record of an estate or a will filed on behalf of my Mother in the state of Ohio and suggested I hire a lawyer.
    Good advice.
    clearaudio's Avatar
    clearaudio Posts: 13, Reputation: 1
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    #26

    Jan 30, 2014, 04:29 PM
    Again, Thank you all for your replies and great advice. I will now have to learn how to do my research and find out who my Aunts lawyer is and how to get a copy of the supposed will as well as my Mothers bank records somehow before hiring an Attorney.
    This way he may be lenient on his fees and retainer. If anyone has any other suggestions or advice I would be happy to hear from you . And thank you all for your time.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #27

    Jan 30, 2014, 04:42 PM
    I would not worry about a will at this point. If your mother left a will you probably would have seen it by now. As I said, without a will you get everything according to OH law. So since no probate case has been filed, then file one, declaring yourself as executor and sole beneficiary. This will give you the right to find and take control of any assets your mother might have had. If someone has a will they will have to bring it to the court to challenge your claim.

    Just a word of caution. Interest rates have been super low for the last 10 years. So CDs would not have earned much in that time.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #28

    Jan 30, 2014, 05:22 PM
    Quote Originally Posted by clearaudio View Post
    ... I will now have to learn how to do my research and find out who my Aunts lawyer is and how to get a copy of the supposed will as well as my Mothers bank records somehow before hiring an Attorney.
    This way he may be lenient on his fees and retainer. ...
    That would be putting the cart before the horse. Talk to an attorney in Ohio- that won't cost you anything. He or she will probably know how to determine what assets your aunt left behind, as a prelude to quoting you a fee.

    And you will not be able to get the banking information until after you have filed a probate petition.
    clearaudio's Avatar
    clearaudio Posts: 13, Reputation: 1
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    #29

    Jan 30, 2014, 06:55 PM
    Should I contact my cousin or my aunt and demand a copy of the supposed will first ?
    Or should I not contact them at all ? If I should , what do I ask for ?
    talaniman's Avatar
    talaniman Posts: 54,325, Reputation: 10855
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    #30

    Jan 30, 2014, 07:07 PM
    I would talk to a lawyer before I did anything.
    clearaudio's Avatar
    clearaudio Posts: 13, Reputation: 1
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    #31

    Jan 30, 2014, 07:11 PM
    OK, I will.
    Thank you.
    talaniman's Avatar
    talaniman Posts: 54,325, Reputation: 10855
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    #32

    Jan 30, 2014, 07:15 PM
    And no need to keep double posting by replying with quote of your own post.
    clearaudio's Avatar
    clearaudio Posts: 13, Reputation: 1
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    #33

    Jan 30, 2014, 07:24 PM
    Sorry I wasn't sure if it was posting or not . I am a first time user of this site.
    clearaudio's Avatar
    clearaudio Posts: 13, Reputation: 1
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    #34

    Jan 30, 2014, 07:27 PM
    I just wish I would have found this site over a year ago. You all have been so helpful, thank you .
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #35

    Jan 30, 2014, 08:02 PM
    Good luck and keep us posted.

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