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Ohio Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Real Estate Law for Ohio on
Q: If I record a new OH property deed, will it sever the survivorship tenant rights created in the prior deed?

The new deed contains express language that I do intend to preserve the survivorship tenant rights, rather than severing those rights.

Nicholas P. Weiss
Nicholas P. Weiss
answered on Nov 9, 2022

The easier thing to do would just be to include new survivorship language in the deed. Don't overcomplicate things.

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 Health Care Law for Ohio on
Q: My mother is in process of losing everything to Medicaid, can an irrevocable trust help?

They want them to pay by the day or lose the family farm. My mother has tried contacting her lawyer several times about an irrevocable trust. She has heard nothing. Is there anyway to stop the look back and/or deli the process?

Moshe Toron Esq
Moshe Toron Esq
answered on Oct 16, 2022

It depends on a number of factors. Is she married? Does she have a child living there? Does she have any disabled children?

She needs to speak to an attorney that specializes in elder law.

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?
Beverly A Stull
Beverly A Stull
answered on Oct 7, 2022

You can search for an estate planning attorney on Justia or on Avvo. Both list attorneys by location and type of law they practice. When you see one that you would like to know more about, you can look at their website, the reviews that their clients have left, and just general information about... Read more »

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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: How do I contest a will?

I think my sister bullied my dad into leaving her everything when he died last month(August 2022) he had been living with her for a year and a half prior to his passing. He was one month short of 90 years old. In my opinion his mind was going. I am not sure how to categorize this. Is it probate... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 4, 2022

An Ohio attorney could advise best, but your question remains open for two weeks. Try reposting this in the "Probate" and "Estate Planning" sections. There's no guarantee that all posts are picked up, but you'd have better chances of a response there. Attorneys in... Read more »

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?
Nicholas P. Weiss
Nicholas P. Weiss
answered on Sep 29, 2022

Yes to first question if named in the will.

Yes to second question so long as the out-of-state POA conforms to Ohio requirements (which most will).

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1 Answer | Asked in Probate and Estate Planning for Ohio on
Q: My father gave POA to his girlfriend, instead of his kids. I have evidence of his schizoid delusions, making it invalid.

My brother is not included in his previous will, and I want to protect his rightful inheritance.

Does giving proof of mental incompetency at the time the latest will and power of attorney paper were filed (Aug. 22nd, 2022) nullify both and immediately revert to the previous will?... Read more »

Joseph Jaap
Joseph Jaap
answered on Sep 28, 2022

If the probate court were to appoint a family member as his guardian, that would terminate her POA. The probate court could also determine if he was competent when he made a new will or whether there was coercion, undue influence, or other improper pressure to change the will. Use the Find a... Read more »

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 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.

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 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.

2 Answers | Asked in Estate Planning, Real Estate Law, Banking and Probate for Ohio on
Q: My wife is the sole heir to her Mom's house, We are planning on moving into it, There is a Mortgage owed.

We are going to pay it off but what rights are there to include her name on the loan so the bank will have to answer her questions and give her details. Her will states that all assets go to her once the estate is settled in October. I understand that the Garn-St. Germain act prevents them from... Read more »

Aaron Epling
Aaron Epling
answered on Aug 10, 2022

It is very likely that your mother-in-law's mortgage has an acceleration clause. This makes the entire balance due upon the death of the borrower. A surviving spouse has some rights with respect to assuming the loan. But, I'm not aware of any rights that a child has. In other words, you... Read more »

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1 Answer | Asked in Estate Planning, Family Law and Elder Law for Ohio on
Q: Medicaid estate recovery

My mother-in-law received Medicaid benefits while she was in a nursing home. Upon her death the house and other assets were left alone as her husband was still alive. If us kids sell his house and vehicle before he dies will the state of Ohio stop the sale? If not, what happens when my... Read more »

Moshe Toron Esq
Moshe Toron Esq
answered on Aug 1, 2022

If you sell the house now, Medicaid cannot take any of the sales proceeds, since your father-in-law is still alive. He can then spend the money as he sees fit on items for himself. Once he passes, then technically, Medicaid has a claim against the remaining funds from the sale. However, with some... Read more »

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Collections for Ohio on
Q: My dad passed away a year ago, what happens if i stop paying for his storage unit.

I have been paying for the units for over a year but they are not in my name nor did i sign any rental agreement i just took over payments. I have full access to the account. Will it hurt my credit or go to collections for me if i just stop paying for them

Aaron Epling
Aaron Epling
answered on Jul 29, 2022

If you're not a party to the contract with the storage unit company, then I don't believe you can be held liable under any of its terms.

2 Answers | Asked in Estate Planning for Ohio on
Q: My sister is in my mom's will to inherit the house. Can the bank take the house from her to pay off the mortgage?

My mother lives in Ohio and her will says that all debts should be paid on her death. Does this mean paying off the mortgage before my sister can have it?

Aaron Epling
Aaron Epling
answered on Jul 25, 2022

Your sister will inherit the house subject to the mortgage. The mortgage accelerates upon the death of your mother, so the entire balance will be due. If your sister doesn't want the bank to foreclose on the mortgage, she will need to find a way to pay off the mortgage.

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1 Answer | Asked in Estate Planning and Family Law for Ohio on
Q: ORIGINAL POA lost in Summit county Ohio. Have copies. What can we do trying to sell ahouse my moms

Summit County Ohio

Joseph Jaap
Joseph Jaap
answered on Jul 13, 2022

Without the original POA to be recorded, it is unlikely that a buyer would accept a deed. A guardianship might be required. Use the Find a Lawyer tab to consult a local estate planning attorney who can review the situation and advise of options.

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: In a will…does “life estate in a property at XYZ address” mean the house, the land, or both?
Joseph Jaap
Joseph Jaap
answered on Jul 2, 2022

It typically would be interpreted to mean all of that, as described in the decedent's deed of record. But it could be subject to challenge in probate court depending on all the circumstances and other factors that could make it ambiguous. Use the Find a Lawyer tab to retain a local probate... Read more »

1 Answer | Asked in Estate Planning for Ohio on
Q: My mother passed away 10 years ago with no estate. Is it too late to be appointed representative to get her tax records?

She passed away with no estate or will and no one was ever appointed personal representative. I recently found out her employer owed her alot of money and I would like to look into it. What can i do? I would like to get her IRS transcripts before it's too late. They will only have her records... Read more »

Aaron Epling
Aaron Epling
answered on Jun 30, 2022

In Ohio, an administrator or executor could still be appointed and may have the authority to obtain records. Whether the IRS still has them is another issue. Also, the cost may outweigh any benefit. Even if you're digging for evidence to mount a lawsuit against an estate beneficiary, many... Read more »

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