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Q: Can one will be given to beneficieries and another will presented for probate?
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Can you put a will in probate after some of the money has been given to the people in the will?

Yes, the will can still go into probate. The distribution should be recorded in the books of the estate.


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How long after death to protest a will?

The clock doesn't start at the time of death, it starts running when the Will is presented to the Probate Court. If you are an interested party you will be given notice and that will tell you when you must appear if you wish to contest the Will. Remember that you can't contest just because you don't like how the property is distributed in the Will. There must be a material defect in the Will.


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You are named co-executrix of a Will and the other person has seen a lawyer about the Will without notice to you. What rights do you have?

First, the executor has no legal authority until they have been appointed by the probate court. If you are named as executor in the Will, the attorney should make certain you have been given notice that the Will has been submitted to the probate court. Your name and the name of the co-executor named in the Will should be on the petition for probate. You should contact the attorney who has been consulted and ask her what, if anything, has been done with the Will and the probate process.


Your father passed away so what do you do with his credit card accounts?

They are included in the state probate procedure. When the deceased's estate (debts and nonexempt assets) is filed with the probate court, creditors will be notified and given a specified amount of time to file a claim. A qualified attorney is usually required as probate procedure can be complicated and costly.


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Are co-ops considered real property for estate taxes in Ohio?

Your local probate attorney can answer your question, given the county where you live.


What are considered assets in a probate?

Everything in the possession or owned by the deceased. It can also include anything given away within two years.


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