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Amy Turos represents clients in Ohio family law, estate planning, and motor vehicle accidents throughout Portage County, Trumbull County, Geauga County, and Summit County Ohio.
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- Q. My x=husband passed away and everything has been put in a trust. His biological daughter is not listed in the will.
- A: There are very strict time restrictions if you wish to contest a Will. Its best to seek a legal consultation immediately. Per Ohio Revised Code: 2107.76 Will contest action - time limits. No person who has received or waived the right to receive the notice of the admission of a will to probate required by section 2107.19 of the Revised Code may commence an action permitted by section 2107.71 of the Revised Code to contest the validity of the will more than three months after the filing of the certificate described in division (A)(3) of section 2107.19 of the Revised Code. No other person may commence an action permitted by section 2107.71 of the Revised Code to contest the validity of the will more than three months after the initial filing of a certificate described in division (A)(3) of section 2107.19 of the Revised Code. A person under any legal disability nevertheless may commence an action permitted by section 2107.71 of the Revised Code to contest the validity of the will within three months after the disability is removed, but the rights saved shall not affect the rights of a purchaser, lessee, or encumbrancer for value in good faith and shall not impose any liability upon a fiduciary who has acted in good faith, or upon a person delivering or transferring property to any other person under authority of a will, whether or not the purchaser, lessee, encumbrancer, fiduciary, or other person had actual or constructive notice of the legal disability.
- Q. I have sole Custody of my 6 children. Ex has limited visitation due to DV.
- A: This is such a new issue that the Courts are trying to figure this issue out right now. It really depends if he is behind on child support. If he claimed the 3 kids this year he may get the money. If I were you I would file a motion with the Court requesting allocation of the stimulus money if he doesnt agree to giving you the money. But, just to caution you- this is such a new issue - so I cannot provide any case law that supports this issue. I also didn't review your cusotdy orders so I don't know if that issue is addressed there. It probably doesn't because the stimulus money was not anticipated. Please consult with an Attorney to further discuss this issue.
- Q. I divorced my ex 4 years ago. I have a car financed in both our names that I just paid off. How do I take him off title?
- A: The first thing I always advise my clients is to review your divorce decree. If you don't have a copy you can always call the clerk of courts office in which County you obtained your divorce. I do not have a copy your divorce decree so I'm making assumptions. If you were awarded the vehicle in the divorce decree it should have language in the decree that your ex spouse is supposed to sign his portion over to you. You can try to go to the title bureau with a copy of your divorce decree to see if that is enough (I don't believe it will be) to try to remove his name. If the title bureau says "no" and your divorce awards you the vehicle and you cannot find your ex spouse to sign then you need to file for contempt. There's different methods of service for contempt whether you know where the person is located or not. File contempt, get a judgment against him, take that judgment to the title bureau. Once again, I do not have a copy of your divorce decree and this information I provided is assuming facts. Its always best to review your decree and your questions with an experience lawyer. Also, answering these questions does not form an Attorney Client relationship.