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Questions Answered by Andrew Popp
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 »

1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Probate for Ohio on
Q: My Father had a will and Trust done after my Mother died in 2012. My Father died in April 2020.

My sister was appointed Executrix of my Fathers estate and another sister Trustee of his trust. The day after my Fathers funeral service the Executrix and her husband and kids started to go through my Fathers house and started clearing it out and giving stuff away on top of whatever she took for... Read more »

Andrew Popp
Andrew Popp answered on Nov 3, 2021

The answer depends on a number of additional factors. A key issue that needs to be addressed is whether the household goods were considered a probate asset, or an asset of your father's Trust. As the other attorneys have advised, the analysis is too complex for an answer on this forum. You... Read more »

1 Answer | Asked in Personal Injury for Ohio on
Q: Son got hurt at a air jump house can I sue

He was playing at the air jump house and ran into a net and now he has a long scratch from his forehead to his jaw line, he says it feel like a cat scratched him..

Andrew Popp
Andrew Popp answered on Nov 1, 2021

Typically you sign a waiver before participating in those types of activities. Unless the place was grossly negligent, you probably cannot sue. I would review the documents you signed. At the end of the day you would need to sit down with an attorney for a full consultation before he or she... Read more »

2 Answers | Asked in Estate Planning, Family Law and Landlord - Tenant for Ohio on
Q: So my stepgrandmother got the property when my grandfather died and my dad has been living there for over 30 years

Now she is trying to kick them out because they are only the step kids but my grandpa's wishes was for them to stay on the property and it be divided between the kids after she dies but she's trying to kick them out is there something he can do

Andrew Popp
Andrew Popp answered on Oct 19, 2021

It all depends on how title to the property is held, how your grandfather's wishes were memorialized. You need to sit down with an attorney so he or she can take a detailed look at the entire situation and provide some guidance.

Best of luck.

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2 Answers | Asked in Probate for Ohio on
Q: How can I gain access to my mothers bank account now that she is deceased?

Both my parents are deceased. They did own a trailer but the landlady of the park took the trailer and any assets inside and all that is gone now. There is only a bank account left. They did not have a will and I was power of attorney for my mother before passing . Is it possible for me to be able... Read more »

Andrew Popp
Andrew Popp answered on Oct 15, 2021

Unless the account was set to pay on death to a beneficiary, then the only way to access those funds is by going through the probate process. The process can be complex, although as Mr. Jaap said, there are occasions when a simplified process can be used. If you want to try doing it yourself I... Read more »

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2 Answers | Asked in Criminal Law for Ohio on
Q: The officer would not take my wife's statement of what she witnessed because she is my spouse. Is the officer correct?

I received a citation for simple assault in Ohio

Andrew Popp
Andrew Popp answered on Oct 14, 2021

How an investigation proceeds is to a certain extent up to the discretion of the investigating officer. While there can certainly be arguments about partiality, if your wife witnessed the incident then she may be called upon to testify later. (Either as a defense or prosecution's witness).... Read more »

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1 Answer | Asked in Contracts for Ohio on
Q: What kind of lawyer do I need to help break a lease?

Covid related. Mother was in hospital. Doctors requiring first floor instead of third floor apartment.

Andrew Popp
Andrew Popp answered on Oct 14, 2021

You need to speak with an attorney who practices landlord/tenant law.

Best of luck.

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