Guardianship Marital Assets and Business with Debt

[Jazzman59]

I'm in Ohio

My Wife is in a nursing home with Dementia. I am her Guardian, I have guardianship over the person only. I need to file with the court any assets in her estate and the various goals for care etc. I have someone to help with this but wanted a better understanding of some things before I asked for help with it.

I didn't file for guardianship over the estate because there isn't one and I didn't want to do all of the filings. I am on social security. Marital personal property for my wife is mostly her clothes and personal items that were sentimental. There is no real estate involved.

My Main question is that I have a business I started before we were married. We worked together in the business. As her dementia progressed the business started having problems. My social security pays my bills and the business currently it makes a little money/ sustains itself. The business has about 4-5k in assets all small low value items. and has over 15k in debt currently. Since the business is insolvent how will it be viewed in this situation?

 

[zddoodah]

Since the business is insolvent how will it be viewed in this situation?

Not really sure I understand the question. If the business IS insolvent, it will be viewed as insolvent.

 

[Jazzman59]

Thank You
I'm asking for verification. There have been problems with her care and I have someone trying to find any glitches or mistakes I may have made in order to challenge the guardianship. I'm not that interested in litigation. There are other factors in the situation as well.

 

[Zigner]

I'm asking for verification. There have been problems with her care and I have someone trying to find any glitches or mistakes I may have made in order to challenge the guardianship. the lawyer I used is on the board of a hospital of a doctor who caused problems and I can't afford another lawyer. I'm not that interested in litigation. There are other factors in the situation as well.

What, actually, is your question?

 

[Jazzman59]

From what I have read most of the challenges to guardianship are based on financial mis dealings. I'm concerned that because this wasn't disclosed at the time I was granted the guardianship it could cause a problem for me. I wasn't asking for guardianship over the estate because there isn't one. I have a couple of people taking any opportunity to criticize me. They most likely caused problems with her care before I had the guardianship. I love my wife and it is difficult enough seeing her decline with the dementia. I don't need all the other problems.

So Can this cause problems for me?

Have I made a serious mistake?

 

[Zigner]

From what I have read most of the challenges to guardianship are based on financial mis dealings. I'm concerned that because this wasn't disclosed at the time I was granted the guardianship it could cause a problem for me. I wasn't asking for guardianship over the estate because there isn't one. I have a couple of people taking any opportunity to criticize me. They most likely caused problems with her care before I had the guardianship. I love my wife and it is difficult enough seeing her decline with the dementia. I don't need all the other problems.

So Can this cause problems for me?

Have I made a serious mistake?

Who do you believe would challenge the guardianship?
You do not understand the meaning of the word "estate" in this context. In this context, the "estate" refers to anything relating to property (or money) belonging to the person. Being "guardian of the estate" of a person allows you to make decisions about money and property for the person. EVERYONE has an "estate" in this context.

 

[zddoodah]

I'm asking for verification.

Verification of what?

I have someone trying to find any glitches or mistakes I may have made in order to challenge the guardianship.

Is this "someone" an attorney.

There are other factors in the situation as well.

So...there are relevant facts that you haven't shared with us?

I'm concerned that because this wasn't disclosed at the time I was granted the guardianship it could cause a problem for me.

What does "this" refer to? The insolvency of your business?

So Can this cause problems for me?

I THINK (but am by no means sure) that this is what you're asking: Will your non-disclosure of your business's insolvency at the time you sought guardianship of your wife's person give someone (who?) cause to have you removed as guardian? Is that your question? Are you also (or alternatively) asking whether the business's insolvency will cause problems if you seek to be appointed guardian of your wife's estate?

 

[Jazzman59]

One lawyer I consulted with said not to ask for guardianship over the estate because of my financial situation and the work involved.
The one who filed the guardianship suggested I file for estate as well.
I didn't want to file for the estate because of the work and responsibilities involved. I didn't want to file my financial situation and taxes with the court.

At this point I think my two options are:

1) To request guardianship over the estate. There may be a bond involved that I can't afford right now. From what I have read someone can lose guardianship of the estate if they become insolvent.

2) My preferred plan at this point is to write a litter/request to the judge outlining the situation and request permission make any decisions on what happens with her personal property. There are her wedding ring and engagement ring I can have appraised and sell to partially cover her funeral. I don't expect the business to become solvent before she passes, but along with social security I am able to get by. If the situation changes, I would notify the court.

What are your thoughts on the matter?

 

[Zigner]

If you are concerned about the distribution of her "stuff" once she passes, and she has not written a will, then those items will pass per Ohio intestate succession laws.

If she either has no children, or if you are the father of all her children, then all her "stuff" goes to you.

https://codes.ohio.gov/ohio-revised-code/section-2105.06

 

[Jazzman59]

There is no will and we have no children.

We are in a rural area in Ohio. I have a brother and sister-in-law who have caused problems for my wife and I. They have the family farm which is worth a couple million dollars. This is just part of a more complex situation.

I hesitate writing the judge a letter/request without consulting a lawyer but I think that is the course of action I'm going to take.

This has really helped me to think things through

Thank You

 

[zddoodah]

Writing letters to judges is not the way to bring matters before the court, and your brother and sister-in-law don't really have any say in what's happening with your wife (and I have no idea what the "family farm" has to do with anything). I imagine most or all of your wife's property is marital property such that a guardianship over the estate would be unneeded (the guardianship over the person wouldn't have been necessary if you'd done a medical power of attorney. All that said, I'm not an Ohio attorney, and that's the best person to guide you.

 

[Jazzman59]

Thank you.

There is a lot more to do with the situation. I have limited assets to hire an attorney to fight them on some things and they basically have unlimited assets. I could find an attorney to take case on contingency but I'm not really one to sue someone and there is always the risk that I wouldn't win.
I am going to rethink the letter to the judge.

 

[Zigner]

Thank you.

There is a lot more to do with the situation. I have limited assets to hire an attorney to fight them on some things and they basically have unlimited assets. I could find an attorney to take case on contingency but I'm not really one to sue someone and there is always the risk that I wouldn't win.
I am going to rethink the letter to the judge.

This is not the type of matter that would be taken on contingency.

With that said, what reason do you believe you would have to sue them?