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Questions Answered by Aaron Epling
1 Answer | Asked in Real Estate Law and Probate for Ohio on
Q: I am married. We bought a home while married. Only his name was put on deed. What are my rights ? I want on deed

Attorney did this against our will. Said the grantor requested only his name be put on. Is that legal? This has caused major issues amongst the family. We paid for the house over 8 years paid cash to his mom. It was a quit claim deed. My name should of been put on right beside his at the same time.... Read more »

Aaron Epling
Aaron Epling
answered on Jan 27, 2023

He can quitclaim deed the property from himself to both of you with survivorship rights. If he's not willing to sign a quitclaim deed, then it gets more complicated.

2 Answers | Asked in Estate Planning and Family Law for Ohio on
Q: I would like to know how to revoke a power of attorney. My mother is competent, and wants POA moved to me.
Aaron Epling
Aaron Epling
answered on Jan 25, 2023

The most common way is for her to sign a new POA that includes language revoking any prior POA. You may want to consider recording the new POA as well.

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1 Answer | Asked in Estate Planning for Ohio on
Q: Is there a law in any state that says I cannot receive gold jewelry as part of an inheritance?

I’m being told the jewelry must be melted and molded into gold bars and sold to a broker.

Aaron Epling
Aaron Epling
answered on Jan 17, 2023

I'm not aware of any reason why you couldn't receive your inheritance in kind; assuming the estate is solvent. If the executor won't work with you in a reasonable manner, then you probably need your own attorney.

1 Answer | Asked in Estate Planning, Family Law, Foreclosure and Personal Injury for Ohio on
Q: Is the surviving male child of the decedent's deceased brother's deceased daughter referred to as the Great Grand Nephew
Aaron Epling
Aaron Epling
answered on Jan 17, 2023

I'll refer you to the table of consanguinity.

https://heirsearch.com/wp-content/uploads/2019/06/consanguinity_chart_web.pdf

1 Answer | Asked in Estate Planning and Family Law for Ohio on
Q: My papaw had a will drawn up before he was diagnosed with dementia, his wife then got a letter from their doctor saying

He was no longer competent my dad is his beneficiary to his will, my granny then made another will and is saying she gets all my papaws estate money & vehicles. Is my papaws will null and void now that she made another will for herself and my dad gets nothing?

Aaron Epling
Aaron Epling
answered on Jan 9, 2023

You must have "testamentary capacity" to execute a will. Testamentary capacity means that your Papaw does:

1. Understand the nature of the business in which he is engaged;

2. Comprehend generally the nature and extent of the property which constitutes his estate;...
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1 Answer | Asked in Estate Planning for Ohio on
Q: My mother's will designates that her house be sold and split amongst the 4 remaining children. Do we need to get a lawye

In order to sell the house its in Kentucky

Aaron Epling
Aaron Epling
answered on Dec 16, 2022

You're not required to have a lawyer. Whether you would be wise to hire one is a different issue. Whoever ends up acting as the executor/fiduciary could open themselves up to liability in a number of ways.

1 Answer | Asked in Probate for Ohio on
Q: TN resident questions regarding OH Probate

TN resident with all next of kin (NOK) in OH. One OH NOK passed away with a will completed/signed but unable to be witnessed. All surviving NOK were aware of this will and want to abide by their NOK wishes. TN NOK was sole beneficiary. Will OH probate accept this will as valid if all surviving... Read more »

Aaron Epling
Aaron Epling
answered on Nov 30, 2022

The will is invalid under OH law. Luckily, it seems like the family are all on the same page so the issue 'can' be resolved. I recommend finding a local attorney to help. You may need some waivers/disclaimers/deeds signed by the family. Use the Find A Lawyer tab above.

2 Answers | Asked in Contracts, Estate Planning, Real Estate Law and Probate for Ohio on
Q: My grandmother gave her house to her first born grandchild without a will just word of mouth. My father was suppose to

Inherit some land but has passed away. The land would have gone to my mother who also passed away. My cousin wants my siblings and myself to sign a deed gift receipt so she can own the land free and clear (she said a surveyor determined the land my father would have received and her house have been... Read more »

Aaron Epling
Aaron Epling
answered on Nov 30, 2022

Land generally does not pass by word of mouth. If your cousin wants you to sign something, then you are probably entitled to a share of the house. Use Find A Lawyer above!

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1 Answer | Asked in Elder Law and Probate for Ohio on
Q: Ward has full guardianship in MI, small Tribal stipend once a year, Need guardian of person and estate or both in OH?

Incapacitated Ward under Full guardianship (person/estate) in Michigan has been moved to Ohio nursing home long term care on full Medicaid/Medicare. I made the facility rep payee for SS check. Ward has one monthly bill, and basic needs/care (clothing, personal items) managed by guardianship now.... Read more »

Aaron Epling
Aaron Epling
answered on Nov 23, 2022

You may be required to 'transfer' the guardianship to the Ohio court. The Michigan court no longer has jurisdiction and may not be able to terminate the case unless it is being transferred. You bring up a couple other complicated issues. I recommend seeking counsel in the county in which... Read more »

1 Answer | Asked in Probate for Ohio on
Q: I am the administrator of an estate in ohio. Am I entitled to 1% of the un-probated investments that were Tod.

My attorney says ..because they in 2012 eliminated the estate tax in ohio…

No one gets 1% on non- probated property.

The non-probated property was worth over a million dollars( IRA and 401k passed directly to beneficiary’s.

The owner passed away in 2020

Aaron Epling
Aaron Epling
answered on Nov 14, 2022

Ohio Revised Code 2113.35(B):

"Executors and administrators also shall be allowed a fee of one per cent on the value of all property that is not subject to administration and that would have been includable for purposes of computing the Ohio estate tax, except joint and survivorship...
Read more »

1 Answer | Asked in Probate for Ohio on
Q: I am waiting for my money from a funeral expense I paid for in probate court. What is the statue of limitations for this

June 2022 probate was over.

Aaron Epling
Aaron Epling
answered on Nov 2, 2022

If the final account was filed in June and you're still not paid, then the fiduciary probably has no plans to pay you at this point. You need to talk to an attorney about this.

1 Answer | Asked in Probate for Ohio on
Q: Can a POA / executor move everything into their name to avoid paying beneficiaries and medical bills in Ohio?

My father made my brother medical and financial power of attorney as well as executor of his estate. Before he died, Dad was in a nursing facility for nearly a year, and my brother drained all his accounts, paid off the house and then transferred it into his name. My brother also spent some of my... Read more »

Aaron Epling
Aaron Epling
answered on Oct 10, 2022

If he presents the will to the probate court, then the judge is not going to approve a final account unless each beneficiary of the will gets his/her share.

As to assets that were transferred prior to death, this is probably theft or breach of fiduciary duty. Your stepbrother needs a lawyer...
Read more »

2 Answers | Asked in Estate Planning for Ohio on
Q: I do not have an attorney. How should I pick one to do estate planning? What should I consider?
Aaron Epling
Aaron Epling
answered on Oct 7, 2022

Experience is important. So, also look for a firm that limits its practice to estate planning and probate. We have done thousands of estate plans and don't do bankruptcies, criminal law, or personal injury. Feel free to reach out!

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1 Answer | Asked in Probate for Ohio on
Q: My brother passed away in June 2020 without a will. how do I get rid of his car that doesn’t work?

His father paid for the funeral. The county courthouse gave us info that his father can fill out paperwork to take ownership of the vehicle but he refuses to do so since he believes it’s not his responsibility. Communication is not an option. What steps can I take to dispose of the inoperable... Read more »

Aaron Epling
Aaron Epling
answered on Oct 3, 2022

If you don't want it, then have it towed. Eventually the towing company will sell it to pay for storage fees.

2 Answers | Asked in Estate Planning for Ohio on
Q: Can the executor of an estate be from another state? Can the holder of a POA be from another state?
Aaron Epling
Aaron Epling
answered on Sep 29, 2022

Yes, Ohio law allows out of state executors in many circumstances. And, an agent under a POA may live out of state.

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1 Answer | Asked in Estate Planning for Ohio on
Q: In OH, can a Trustee withhold money, claiming it is an “advancement” of a beneficiary’s inheritance without evidence?

Nothing in the Will or Trust speaks to any such “advancement” nor are there any signed loan paperwork, or repayment schedules, nor is anything written on any of the Grantor’s check’s signifying check as an advancement or loan. Trustee only claims the Grantor said to withhold this... Read more »

Aaron Epling
Aaron Epling
answered on Sep 28, 2022

This has some serious family drama issues. Can a Grantor verbally amend a trust? Yes under certain circumstances. But the issue is whether this actually happened. Get a lawyer!

1 Answer | Asked in Estate Planning for Ohio on
Q: In OH, can a Trustee condition receiving a Receipt & Release from beneficiaries prior to final Estate distribution?
Aaron Epling
Aaron Epling
answered on Sep 26, 2022

R.C. 5808.17(C): A release by a beneficiary of a trustee from liability for breach of trust is invalid to the extent that it was induced by improper conduct of the trustee or that the beneficiary, at the time of the release, did not know of the beneficiary's rights or of the material facts... Read more »

1 Answer | Asked in Probate for Ohio on
Q: I have been named as the trustee in my brother's 2008 Ohio will. He and his wife divorced in 2020. He passed last week.

My brother died last week. We though he had no will. We found one today. His only son, my nephew is 16 and the will states that he leaves everything to him. His ex-wife has hired an attorney. My brother left his son some jewelry and some silver coins. His home loan was maxed out and the house needs... Read more »

Aaron Epling
Aaron Epling
answered on Aug 22, 2022

Sorry for your loss. First, you are under no obligation to do anything. But, I would probably wait 6 months (the Ohio statute of limitations for unsecured creditor claims) and then file for a release from administration to transfer the automobile title to his son. And, yes, you may waive your right... Read more »

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: How do I as executor of old estate case (2006) close unfinished items when original lawyer does not respond to queries?
Aaron Epling
Aaron Epling
answered on Aug 18, 2022

You should probably reach out to another probate attorney.

1 Answer | Asked in Banking and Probate for Ohio on
Q: How can I get access to my incapacitated mother's safety deposit Box

My mother had a stroke a few months ago and she gave me power of attorney but she didn't print her name and I had to get an updated one I did but since then she had an aneurysm and can't speak or talk And the bank wants to call up to the rehabilitation hospital she is in Right now i... Read more »

Aaron Epling
Aaron Epling
answered on Aug 10, 2022

If the bank will not allow access under the power of attorney, then you will need to establish a guardianship and be appointed guardian of the estate by the probate court.

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