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Questions Answered by Andrew Popp
1 Answer | Asked in Probate and Estate Planning for Ohio on
Q: I received a check from my deceased husband's pension, to the estate of his name. I'm his beneficiary .

What do I do with the check. He had no will. His two children are grown adults. We owed nothing as far as property or vehicles or financial accounts. Desperate in akron,ohio

Andrew Popp
Andrew Popp
answered on Oct 27, 2022

I recommend contacting the pension company to see how things were set up. If you are indeed the beneficiary, then the bond company will usually re-issue the check in your name. On the other hand, if you are not the beneficiary on the account, then the check is an estate asset and you need probate... Read more »

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: I am the cosigner my son died the dealership took the car back and reimbursed me. Am I still responsible for the car?

I do not want to go to probate court, the dealership has possession of the car and cut me a check i used to pay funeral costs. it is no longer on my credit am I still responsible for the car?

Andrew Popp
Andrew Popp
answered on Oct 4, 2022

Probably not. It sounds like the vehicle was repossessed by the dealership. Until a vehicle is paid in full, the title does not pass to the purchaser. When a vehicle is repossessed they go back and resell the vehicle. What happens with the either refund (if the sale exceeds the balance on the... Read more »

1 Answer | Asked in Estate Planning, Elder Law and Probate for Ohio on
Q: Does a notary signature count as a witness signature on a handwritten will in Ohio?
Andrew Popp
Andrew Popp
answered on Oct 4, 2022

In short, it depends on how the notary is signing. If they are just notarizing a signature, no it does not work. If they are signing as a witness, then it may. I would have to refer you to Section 2107.03 of the Ohio Revised Code (link below). It's going to depend on the specifics on... Read more »

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: What Steps do I need to take to legally sell my mother's domicile. I have powers to sell via last will and testament.

The estate in located in Ohio. I have also begun the probate process. I have letters of authority. I also have submitted the inventory list to the court, currently awaiting approval. I'm basically asking what are my steps to sell the home legally?

The home does currently have a... Read more »

Andrew Popp
Andrew Popp
answered on Sep 27, 2022

It's not the answer you're going to want to hear, but it depends on many other factors. Probate can be very complicated. I highly recommend sitting down with an attorney to review the situation in detail and advising you.

Best of luck.

2 Answers | Asked in Probate for Ohio on
Q: How can you transfer title to heirs when property is passed intestate without going through probate in Ohio?

The time to go through probate in this case has passed so I am looking for other options by which to transfer title to the heirs

Andrew Popp
Andrew Popp
answered on Sep 22, 2022

The answer varies somewhat from state to state. Generally speaking, if probate is passing "intestate" that means that no Will was completed. It gets to the heirs at law through probate and must be approved by the Probate Court. Otherwise, property can pass to another through operation... Read more »

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1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Ohio on
Q: 45 yrs living & paying property tax in brothers house. Do I have a claim now that he died with deed in his name?

I have lived in family house about 30 years, maintained all of it, paid all taxes to date. My mom used priest many years ago to put house in me and my bro name when she died but house only went in his because of a nasty divorce I had when younger and I cannot find the priest or have paperwork. My... Read more »

Andrew Popp
Andrew Popp
answered on May 23, 2022

There is no short answer to this question. I highly recommend sitting down with an attorney to see if there are any avenue's you can take in trying to keep the house.

Best of luck.

2 Answers | Asked in Estate Planning for Ohio on
Q: what does it mean on my parents durable power of attorney 'jointly but not severally'
Andrew Popp
Andrew Popp
answered on Apr 20, 2022

I agree with Mr. Epling. Typically it means that the agents must act unanimously, as opposed to independently of one another.

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1 Answer | Asked in Personal Injury for Ohio on
Q: I fell into a manhole on Cedar Road in University Heights the evening of 2/12/2022 near my home. Do I have a legitimate

Would it be possible for me to win a lawsuit against the city of University Heights?

Andrew Popp
Andrew Popp
answered on Feb 14, 2022

Potentially. I highly recommend sitting down with an attorney asap. Getting a jump on things and preserving the evidence can make or break your case in many instances.

Best of luck.

2 Answers | Asked in Estate Planning for Ohio on
Q: My father was part of a trust and his now deceased who owns his belongings tv furniture appliances tools etc

The trust was in his and his two sisters name

Andrew Popp
Andrew Popp
answered on Feb 13, 2022

In short, it depends on the terms of the trust and what items were moved into the Trust. I recommend getting a copy of the trust and sitting down with an attorney who practices in this area of law.

Best of luck.

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1 Answer | Asked in Probate for Ohio on
Q: In the state of Ohio can an executor be out of state? Would they be responsible for deceased SS benefits

My sister passed and her husband passed years ago as well. She has 2 daughters that are 7 and 9. Can my brother be the fiduciary from out of state. Also, would the executor also be responsible for the deceased SS benefits for the kids?

Andrew Popp
Andrew Popp
answered on Feb 10, 2022

If your brother was named an executor in the Will then yes. If he was not named, then no he cannot be an out of state executor.

1 Answer | Asked in Elder Law for Ohio on
Q: My mother and I live in a home that she owns. She pays the bills, insurance, utilities ect. She had a stroke,

over a week ago. I need a POA to pay the bills and keep the house running while she is in rehab (and maybe then some.) She is aware of what's going on but I don't think she can physically sign anything. I told her that I need a POA and she's agreeable to it. I'm not sure what... Read more »

Andrew Popp
Andrew Popp
answered on Feb 9, 2022

From the facts here it sounds like you need a financial power of attorney. The procedure is spelled out in Chapter 1337 of the Ohio Revised Code. To ensure your POA is valid and likely to be honored I recommend meeting with an estate planning attorney to work with you.

Best of luck.

2 Answers | Asked in Estate Planning for Ohio on
Q: Are there fees to read a trust?
Andrew Popp
Andrew Popp
answered on Feb 9, 2022

It depends on the attorney. I typically do not charge for trust analysis depending on how in depth the analysis needs to go. You can just check around and see if you can find an attorney who will do the same.

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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: My partner passed away suddenly without a will. His estate is now in the hands of the son who needs my help and guide

My partner and I had a business together. The business is under his name. I am unsure how the son needs to sort that out as well as his other business and even personal things needing to be done with possibly taxes, debts or assets.

Andrew Popp
Andrew Popp
answered on Feb 1, 2022

Determining how a business is to be handled is a complex question. You need to review the operating agreement or bylaws depending on how the business is organized. I highly recommend sitting down with a probate attorney to review the situation in detail and advise you.

Best of luck.

1 Answer | Asked in Estate Planning for Ohio on
Q: Who has the right to an estate of a Transfer on Death if the recepient dies two weeks later?

Would it go to the family of the original owner or into the estate of the person who was supposed to receive it? This person died before it could be filed with the recorder

Andrew Popp
Andrew Popp
answered on Jan 28, 2022

See Section 2105.32 of the Ohio Revised Code. If the beneficiary survived the original owner my more than 120 hours, then his or her rights in the property vested. The rights to the property go to the estate of the beneficiary. These are of course general statements and not advice particular to... Read more »

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: I want to know can someone be named the next of kin if they have blood relatives that are still alive?

My aunt passed away, and she doesn’t have any children, she was divorced, and her parents have passed on. I assumed that the next of kin would be the next blood relative, which would be my mother, because my mother is the oldest sibling. The hospital that my aunt passed at stated that another... Read more »

Andrew Popp
Andrew Popp
answered on Jan 7, 2022

Your question implicates multiple provisions under Ohio's Revised Code.

Ohio Section 2108.70-2108.99 will be pertinent to your situation. I have included a link below to the chapter. All in all, you may need to retain an attorney if there is a dispute regarding your aunt's...
Read more »

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2 Answers | Asked in Estate Planning for Ohio on
Q: My siblings and I were the recipients of my mothers house many years ago. The transfer says she may live there for the

Rest of her natural life. She is in a memory facility with no chance at recovery from her cognitive decline. May we sell the house?

Or must we board it up until her physical death?

Andrew Popp
Andrew Popp
answered on Jan 6, 2022

How did the transfer spell out those terms? Was the house in a Trust? Much depends on the specifics. I recommend sitting down with an estate planning attorney to discuss the situation in detail.

Best of luck.

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2 Answers | Asked in Probate for Ohio on
Q: My husband passed away 12/2021. I am named beneficiary in the Will. Do I need to go to probate court?

also as a family we have 5 cars and 1 boat all of which where in his name. can I transfer titles with out probate court

Andrew Popp
Andrew Popp
answered on Jan 5, 2022

The short answer is maybe. The law changed in 2017 and may afford you ways to transfer title to these motor vehicles without probate. In order to determine you options you would need to sit down with a qualified lawyer near you to discuss.

Best of luck.

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1 Answer | Asked in Family Law for Ohio on
Q: Can a mother give temporary power of attorney to grandmother without permission of father
Andrew Popp
Andrew Popp
answered on Nov 12, 2021

I'm not sure the question you are asking is truly what you intend. A power of attorney is a document where one person gives another the authority to take certain actions for him or her and in his or her place. If you are a competent adult you can do this and do not need any else's... Read more »

2 Answers | Asked in Probate for Ohio on
Q: how do I complete probate inventory when decease only asset has been transferred prior to completion of probate proces

my decease mother had a car with loss title. Department of motor vehicle transfers title to decease child instead of issuing a duplicate title

Andrew Popp
Andrew Popp
answered on Nov 8, 2021

This situation does not sound correct. Unless the title to the motor vehicle was set to pass through a transfer on death designation, the BMV should not transfer title to anyone else until authorized by the probate court. If the vehicle had a transfer on death beneficiary named, then it should... Read more »

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1 Answer | Asked in Uncategorized for Ohio on
Q: My mom is next of kin for my brother that just passed..because he is divorced now...she had to sign for cremation

Since she is the next of kin... my aunt not my mom's sister..asked for Ashes to b put on side for us family.she is saying there is none.i called funeral home to find out about ..they said 2 packets were made on side and given to her she is saying that there is none...nursing home is saying... Read more »

Andrew Popp
Andrew Popp
answered on Nov 3, 2021

No question is asked here. If you are questioning who has the legal authority to say what happens with a loved one's remains you should look to Section 2108.81 of the Ohio Revised Code. (link below) That is, unless your brother executed a separate declaration changing the law's default... Read more »

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