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Ohio Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Ohio on
Q: My mother pasted away and I received a RECEIPT AND WAIVER from her lawyer, it's vague. What is it for?
Andrew Popp
Andrew Popp answered on Jul 23, 2021

Tough to say from the generic description. The normal waivers we see are related to notice that the estate is being probated. I suggest taking the document into an attorney and having him or her review for you. Since each county probate court has their own forms that are used an attorney who... Read more »

1 Answer | Asked in Landlord - Tenant and Estate Planning for Ohio on
Q: My mother wants to kick out my brother who helps take care of her.. she has dementia and alzheimers what can he do

She (my mother) tells everyone that it's his house ...he gives her money when he can hes an artist (tattoo):and covid has put a huge issue as business goes but he does wait on her hand and foot ....can she kick him out with no notice no nothing no eviction papers

Joseph Jaap
Joseph Jaap answered on Jul 21, 2021

If the proper eviction process is not followed, then he could sue her for unlawful eviction. It sounds like she needs help. If she is not mentally competent, and she has not executed a power of attorney, then someone might need to apply to become her guardian. Use the Find a Lawyer tab to... Read more »

2 Answers | Asked in Estate Planning for Ohio on
Q: How do I file a POA in Erie County, Ohio?

POA is in a trust. Mother is now in a nursing home in their memory unit. Trying to sell her home to be able to pay for her future nursing home bills. Actually, already have it on the market. Do I need to stop everything until this is secured from the county?

Nina Whitehurst
Nina Whitehurst answered on Jul 16, 2021

“POA is in a trust” does not make sense. If the house is in your mother’s name AND if the POA contains the proper authorities, the agent named in the POA can sell the house. Usually the original POA instrument itself is recorded in the local land records to prove authority.

If the...
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2 Answers | Asked in Estate Planning and Real Estate Law for Ohio on
Q: Can the sole executor of a will add a family member to the estate to refinance a property in the estate?
Aaron Epling
Aaron Epling answered on Jul 15, 2021

This leaves a number of questions unanswered. You should seek counsel.

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2 Answers | Asked in Estate Planning for Ohio on
Q: What papers do I need for Financial Power of Attorney in Ohio when a Revocable Trust is already in existence?

Mother has recently been admitted to a memory unit of nursing home and we are trying to find out what we need to have in order to sell her home to fund the nursing home. Revocable trust exists listing me as Initial Attorney-in-Fact. Is the trust the only legal document I need to be the legal... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 14, 2021

The terms of the trust agreement specify the power and authority of the trustee to sell trust assets. A buyer's title agency will need to review the terms of the trust to confirm the authority to sell the property and will ask for an affidavit, memorandum of trust, or other confirmation.... Read more »

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Can I file probate claim if I'm the only child of record, but I live in another state?

If my father passes without a will, I'm worried that I will not be able to do anything because I live in PA. His sister and i are the only remaining, close blood relatives. My aunt lives in Ohio. Would it fall to her or me?

Moshe Toron Esq
Moshe Toron Esq answered on Jul 4, 2021

If he is not married and you were his only child (i.e. he had no other living or deceased children) then you are entitled to his entire probate estate, if he had no will.

However, certain assets may have passed directly to your aunt or others, if they were named on his bank account or life...
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1 Answer | Asked in Estate Planning for Ohio on
Q: I want to file my will with the Morrow court. I need an application form. I don’t know how to get the form.
Andrew Popp
Andrew Popp answered on Jun 21, 2021

There is not typically a form to complete. The statute describing the process is at Section 2107.07 of the Ohio Revised Code. That being said, I don't practice in Morrow County and they may have something for you to complete. Your best option is to call the probate court and ask. The... Read more »

2 Answers | Asked in Contracts and Estate Planning for Ohio on
Q: my wife and i filed a quit claim deed and now want it revoked. we both want ownership of our house. is this possible?

i am 58, fully disabled and want to file for a homestead property tax reduction. i am the one that the quit claim deed removed from the home ownership.

can we file a new deed that allows us as co home ownership?

Moshe Toron Esq
Moshe Toron Esq answered on Jun 16, 2021

If she is the current owner, she can sign a new deed putting you on as a co-owner.

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1 Answer | Asked in Banking, Probate, Business Law and Estate Planning for Ohio on
Q: Mark&Mary were together for years had a child. Marks parents pass small business down to them in marys name cuz he owes

Taxes. He counties to run company. They have a business bank account that he was on originally she was added to later. Bank says they are both equals on that account. Does he have rights to that money after she passes and business becomes shut down.

Andrew Popp
Andrew Popp answered on Jun 15, 2021

Additional facts are needed to answer this question. Much depends on how the bank account was set up. Who is the actual owner, who are the authorized users? Are there survivorship rights (if applicable), what do the company documents say? (articles of incorporation or Operating Agreement for a... Read more »

2 Answers | Asked in Estate Planning, Health Care Law and Real Estate Law for Ohio on
Q: My mom has stage 4 lung cancer. I am her only living relative. How do I plan for estate, financial, health care, etc….

This all came up sudden but my mom has stage 4 lung cancer with Mets. I am her only living relative. From a legal aspect what do I need to start doing to get her affairs in order? I am very new to this and not sure what to do. She does have a will with me as executive. She does not have a... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Jun 8, 2021

You should contact an attorney who can help you set up a financial Power of Attorney and a Healthcare Power of Attorney.

That way, you can manage her affairs while she is alive.

A will only takes effect upon death.

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2 Answers | Asked in Real Estate Law, Probate and Estate Planning for Ohio on
Q: My dad died and left me his house.. My mother is trying to take it.. Will she get it??

My dad just died on the 23rd of this month.. He left me his house and called his attorney to put it in the paper work.. My mother left him.15 yrs ago n now sleeps with and lives with another man..my dad really didnt want her to have anything.. The last 2 yrs of his life im all he had.. My husband... Read more »

Joseph Jaap
Joseph Jaap answered on May 27, 2021

If your father did not complete the paperwork to transfer the house to you, then as his spouse, your mother could inherit the house. She could file to handle his estate in probate, and could evict you and your husband. Talk to your father's attorney to find out what paperwork there is, or... Read more »

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2 Answers | Asked in Estate Planning for Ohio on
Q: What can I do with check made out to estate of my mom name from a over charge at doctors office? She been gone 3 years.

We told them she was gone and there was no estate of and sent check back but now we have it back again.

Moshe Toron Esq
Moshe Toron Esq answered on May 25, 2021

If you paid for her funeral, you can apply to the probate court using a Summary Release from Administration form to have the court authorize you to cash the check.

Otherwise, you will need to file a Release from Administration with the court, which will require more work.

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2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Ohio on
Q: I lived with this man for 27 years and he just passed away his daughter is trying to take the house can she

My son is still living in the house we had it up for sale and his daughter wants us out and take it from me can she do that

Joseph Jaap
Joseph Jaap answered on May 24, 2021

If he did not have a will giving you the house, or if you are not a joint owner on the deed, or if he did not record a transfer deed or affidavit for the house giving it to you, then the house would likely pass to his spouse or children according to Ohio law. The heirs can file to open his estate... Read more »

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2 Answers | Asked in Estate Planning for Ohio on
Q: Does the executor of a will have control over house to be sold if another siblings name is on deed of house
Moshe Toron Esq
Moshe Toron Esq answered on May 23, 2021

If another sibling is on the the deed, then that sibling has control of the house, including the right to occupy the house. If there are multiple names on the deed, then those same multiple people also have shared control of the house and shared right to occupy the house.

However, the...
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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: What type of documents would I need to appoint a guardian if I were to pass away? I am a single mother father is abusive

Would I need an attorney for these documents? What type of documents would uphold in court? How can I avoid guardianship going to my daughters father who has a long history of domestic violence towards myself and another female?

Joseph Jaap
Joseph Jaap answered on May 13, 2021

Your will can nominate who you want to be guardian of your children. But the probate court appoints the guardian.

The will gets submitted to the probate court. The court holds a hearing to determine guardianship and determines who will be the guardian based on all the testimony and...
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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: My dad lived in Ohio died in September and owned a house with my stepmother and there is no will, who gets what?

He owned a house with my stepmother and both of were on the mortgage, there is no will he has 3 children and she has 6 children.

Andrew Popp
Andrew Popp answered on May 11, 2021

It depends on how title was held for the property in question. If they were joint owners with rights of survivorship, then the stepmother gets the property. If not, you're stuck going through probate. Without a Will the Ohio Revised code dictates who gets what. (O.R.C. 2105.06)... Read more »

2 Answers | Asked in Estate Planning and Landlord - Tenant for Ohio on
Q: If someone inherits a home and all heirs agree do we have to wait til probate to evict tenants so we can move in?

He has a copy of the will leaving the home to him. Can we use that to start the eviction process on the tenants? They are nice ppl and have lived there a few years. We gave them 3 mths but at the end of the 3 mths we dont want to have to wait another couple mths to evict if they dont move. We are... Read more »

Aaron Epling
Aaron Epling answered on May 10, 2021

It's easy to transfer the property out of the decedent's name and into the names of the heirs. Then, you won't have any issues with the probate court when you file eviction. Generally, unless a will says otherwise, an administrator (executor) needs special permission from the court... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Ohio on
Q: Estate buyout agreed upon in Ohio. How long before payment?

Hello,

I have recently entered into an agreement through the courts in Ohio to allow for the other Beneficiary of a house that was left to me in an Estate to buy me out. This person continues to live in the house. The judgment was signed by the judge on April 1st, this year, 2021. The... Read more »

Joseph Jaap
Joseph Jaap answered on May 4, 2021

Check the court order for timing of payments. Then talk to the other beneficiary or the attorney to work it out, or use the Find a Lawyer tab to retain a local attorney to assist you.

2 Answers | Asked in Estate Planning for Ohio on
Q: Ma father passat in his will he states house cars and all assets go to me and brothers equly before we got here the exc

He came on home and took GUNS knifes and other items said he had a verbal agrement with my dad but the will doesnt say that can he do that

Nina Whitehurst
Nina Whitehurst answered on Apr 18, 2021

A COURT-appointed executor is entitled to gather up estate assets, but he or she must then distribute them according to the will. If that is not happening, then you need to hire a probate attorney to help you hold the executor accountable. if your brother has not yet been appointed by the court to... Read more »

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2 Answers | Asked in Estate Planning for Ohio on
Q: my brother's house deed is transfered to me at time of death can his surviving wife contest it

State is ohio and she has quick claimed the deed to him now

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 15, 2021

Was

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