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Q: How can I set up a living trust in Ohio to keep my assets out of probate?
I would like to set up a living trust in Ohio for my home and other assets to keep them out of probate. I have specific beneficiaries in mind for this trust. However, I have not yet consulted a lawyer or any legal aid services. Could you provide guidance on any free resources available to assist in... View More 
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Christopher R. Milton
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answered on Sep 10, 2026
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answered on Sep 10, 2026
A revocable living trust can be an effective probate-avoidance tool in Ohio, but the trust document itself does nothing on its own. A trust only keeps an asset out of probate if that asset is actually retitled — "funded" — into the trust's name during your lifetime. This is by... View More
Q: Will my inherited house need probate in Ohio?
I co-own a home in Ohio with my brother, who is currently ill. I am the beneficiary in his will. In the event of his passing, will the home need to go through probate? I'm unsure if we hold the property in joint tenancy with right of survivorship, and there are no specific conditions in his... View More
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Christopher R. Milton
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answered on Sep 10, 2026
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 10, 2026
In Ohio, whether real estate avoids probate at an owner's death depends entirely on how title is actually held on the deed — not on what a will says. If a will names you as beneficiary but says nothing specific about the house, that provision only controls if the house is, legally, a probate... View More
Q: Is it too late to contest the probate actions of my brother?
I am seeking legal advice regarding an estate dispute in Bell County, Texas. My father passed away in 2014, and my mother in 2025. After my father's death, my brother moved into the family home, claimed there was no will, and took control of my father's assets, filing for probate as the... View More
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Christopher R. Milton
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answered on Sep 10, 2026
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answered on Sep 10, 2026
This is not a "too late, nothing to do" situation, but it's also not a simple one, and it needs a lawyer's eyes on the actual documents, not a general answer. Texas gives an interested person two years from the date a will is admitted to probate to contest it, but that clock... View More
Q: Is it too late to contest the probate actions of my brother?
I am seeking legal advice regarding an estate dispute in Bell County, Texas. My father passed away in 2014, and my mother in 2025. After my father's death, my brother moved into the family home, claimed there was no will, and took control of my father's assets, filing for probate as the... View More
Carey Worrell
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answered on Sep 10, 2026
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answered on Sep 10, 2026
This is a serious and complicated situation, and given the amount of time that has passed, the significant assets involved, and the questions you're raising about the validity of the wills themselves, this really needs a Texas probate litigation attorney reviewing the actual court file and... View More
Q: How to sell a Texas home when spouse is deceased and on deed without a will?
I want to sell my home in Texas, which is in my name and my deceased spouse's name. The deed includes "et al etux," and my spouse passed away without a will. We have not started any probate process, but we do have one son who does not want a claim to the house. I still reside there,... View More
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Christopher R. Milton
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answered on Sep 10, 2026
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answered on Sep 10, 2026
Under Texas Estates Code §201.003, if your son is also a child of your late spouse (not just yours), Texas's community-property intestacy rules already give you your spouse's half of the community estate outright, with nothing further required to establish that ownership as between you... View More
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