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Michael Bradley
Michael Bradley,
Category: Legal
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Experience:  Owner at The Protection Group LLC
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I live in Oregon. I need someone to help with laws of West.

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hi. I live in Oregon. I need someone to help with laws of West Virginia. My father passed away June, Cleveland, OH. He was murdered and homeless. His name is ***** ***** deed and et al - and others. I wasn't part of my father's life at all. I have half siblings who weren't a part of his life either. I recently found family members. My father's name is ***** ***** birth certificate and he was married to my mother in the 70's - they divorced. There's 71.3 acres of land that is supposed to be kept in the family and some of the family is already giving me grief - wanting me to prove who I am - requiring me to take DNA test. I'm guessing I would call West Virginia County courthouse to find out any info? How do I find out all information needed when family is fighting me? thx
Is the probate being done in West Virginia?
Customer: replied 1 month ago.
The land is located in Clendenin, WVa. How do I go about finding out any and all information needed - county courthouse? I've been trying to do as much research on my own as possible. I don't even know whose in charge of the estate or anything. I'm guessing everything is being taken care of in WV because that is where most of the family is. thx
Usually probate is done where the person lived prior to passing. You would need to contact probate court in WV and where he died to be sure
Customer: replied 1 month ago.
gotcha @ usually. seeing as he was murdered and was homeless at the time, no known address, but his name is ***** ***** deed. OH. I'll call probate court in county where Clendenin sits and will then call the Cleveland (county) one too. They will give me answers of whose in charge of the estate and any other important information that I need? What about this DNA that some are requesting? My father is already in ashes - No Possible DNA available UNLESS the Cleveland Police have some from the crime scene that took place in a vacate garage. What other things can I possibly do to help the situation I am in? ANY extra advice you can give would be greatly, greatly appreciated. I'm actually thinking about flying to WV to get this mess taken care of there - would it help for me to be closer to what's happening? again thx
I agree. I would not submit DNA unless a court was requiring it plus what the sample was being compared to.
Customer: replied 1 month ago.
I'm not taking anything personal. Law is law. Something in me is saying I need to fight for the right to be there on the land with his other children/relatives etc. I should not be excluded. You typed - I agree. You agree that I should fly there - I'm so ready because I am getting the run around. Forgive me - can you list off the questions I should ask or what I should say to the probate courts? I'm thinking they're not going to give me any info over the phone. I believe I read that will's are public. I'm positive he didn't have a will.
Customer: replied 1 month ago.
Okay, not sure if you're working on answering my last set of questions. Here's more: There's someone in charge of the estate or I'll find out that information when I make my calls! If the person in charge of the estate is the half sister I have been talking to, then isn't she breaking some rule / law by not sharing information with me? I read that the person in charge should diligently find any heirs - and I actually found her and we've been chatting on FB for less than a week. I would think she would have asked for my address, so she could send paperwork etc.
If probate is started you should be able to get basic information over the phone. You should be able to find out who the attorney is if there is one or who is the one who has started the process. They should be able to tell you whether or not there was a will. I do not know if it would make sense to fly there just to ask questions or at least have some basic information before going. You're correct that whoever is in charge of probate is supposed to find any potential heirs, the problem I am guessing they are going to find it is that he may have a lot of them and since he was homeless when he passed he may not have left a lot of information around about who those errors are. Once you find out who was in charge of probate then you should contact them by letter leaving a paper trail to establish that you are an heir and provide a copy of your birth certificate if necessary.
Customer: replied 1 month ago.
probate hasn't been started Anywhere. You would think things would have gotten started by now, since he did pass away towards the end of June '17. But people/family didn't find out until 1 1/2 mos later, but still should have been started by Now! I called Cuyohoga County - Cleve., Ohio, they didn't find anything on record and also called the county Clendenin sits. Have to call back Cleveland to get or try and get death certificate. I have to send money to get copy of deeds - found out that the property has been divided. I'm livid. The half sister I have been talking with has said that everything is getting taken care of. I'm not sure where to go from here, except for what I said above. It means though, I'll have to start the process of everything, correct? since no one is stepping up - thx
Customer: replied 1 month ago.
oh to add, I believe I read that if I don't find all legal heirs, that leaves myself open to lawsuit. Is that the case? I believe I read that an heir has up to five years - statute of limitations ( have to read more about that ). I completely understand the paper trail - and that is why I've been asking for her email address, turns out she doesn't have one hm. We've spent time chatting on FB and I have kept ALL those conversations. And to start or go thru probate, I have to go to that city/county? I'm assuming so! I have to hire an attorney, are you able to suggest someone? again, any other advice you have to offer is so greatly appreciated - thanks much!
Customer: replied 1 month ago.
it keeps getting worse. He passed away using his brother's name. I don't know if the police found out he was using a false name - I don't know which name is ***** ***** death certificate and I do not want to place an order for both names. Murdered in a vacate garage - I found the address on youtube and google, but not sure if that is the address the officers/medical examiner put down on certificate. I don't know, maybe I am making more out of this death certificate stuff, but this is what's needed to start probate and everything else...

at this point there is nothing you can do without the paperwork: death certificate, deed etc

yes you would need to do a good faith effort to find any and all heirs

I can send a list of probate attorneys in Cleveland who you can contact

Michael Bradley and 3 other Legal Specialists are ready to help you
Customer: replied 1 month ago.
I'm going to do whatever it takes to get this mess straightened out. I don't feel comfortable leaving it in limbo.
Pls send list. Thanks - and finally, I am all questioned out. This is unbelievable! uggh

below is a list of highly rated probate lawyers in the Cleveland area

I would look at the attorney sights and set up a phone consultation

Customer: replied 28 days ago.
I wanted to Thank you for the enormous help you've been! I finally requested the death certificate from OH and sending away for the deeds of the property in WV. I contacted an attorney in OH and once I get the death certificate, we can start the probate process there. My main concern has always been that I am not near what's happening - is it true that I cannot start probate in OH ( or WV ) myself because I am not a resident of those states? I was told you must be a resident and since I'm not, I need a lawyer to care for things. I would want legal help whether or not I lived in either state. Once the probate has started, the lawyer said he would approach the courts to place me as administrator - assuming that's the same as executor. Once administrator in OH, what is required of me there, since he didn't have property in that state, I am almost completely sure. Once administrator in OH - does that pass onto WV or does a new administrator be assigned there because different state and different courts. Once things are started in WV, the administrator has a list of things that must be done about the property; appraising, listing death in newspaper for creditors, fees to pay because of the death, and so on.. That's why again, I think I might have to be in WV to complete these things. I believe I read, as administrator, I leave myself open for lawsuits if things aren't done exactly right. OH, one last thing, someone mentioned doing a title search, is that one thing that must be done now and right away? If you could go into some detail about those things, that would be great. thx again

I would get a title search to see what liens are on the property since they run with the land

you are correct about the administrator being responsible to take care of everything and make sure it is done correctly

I would obtain an attorney to make sure it is all done right