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Ohio Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Ohio on
Q: What do I do as the beneficiary of a trust that I believe my mother, the trustee, is accessing without my knowledge?

My grandfather passed in 2017, I was 17 years old. I know that I am a beneficiary to a trust, as is my brother, but I was never given any information on the value or really how it works at all. Now, as a 24 year old, I still have not gained that knowledge. My mother avoids discussing it and... View More

Nicholas P. Weiss
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answered on Mar 4, 2024

Any beneficiary of a trust with a fully vested interest may seek a copy of the trust document and an accounting of the trust from the trustee at any time. If the Trustee refuses, the beneficiary may bring an action for an accounting against them. This is the beneficiary's remedy if the the... View More

2 Answers | Asked in Estate Planning, Collections and Probate for Ohio on
Q: Does my dad's life insurance policy have to go toward medical debt before being dispersed to beneficiary?

My dad passed away last summer. My sister (beneficiary) has been given a check from my father's life insurance policy and we are told the funds will be available in ~2 weeks. However, my dad has a high amount of medical debt left over. Is the life insurance money safe to be used or will... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 19, 2024

Proceeds from a life insurance policy, where the beneficiary is a named living individual(s), pass outside of the probate process, and the creditors have no claim to it because those proceeds are not part of your dad's estate.

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2 Answers | Asked in Tax Law, Estate Planning and Probate for Ohio on
Q: My husband died 3 years ago. I have been paying 3 cc s I changed on since then. Can I stop paying? I’m 71 w no assets

These don’t show on my credit report

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 19, 2024

More information is needed here. For example, based on your post, are you suggesting that these 3 credit cards are in your deceased hsuband's name only? Anyway, the short version is that if you stop paying then you are exposed to being potentially sued and the question is whether or not... View More

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2 Answers | Asked in Tax Law, Estate Planning and Probate for Ohio on
Q: My husband died 3 years ago. I have been paying 3 cc s I changed on since then. Can I stop paying? I’m 71 w no assets

These don’t show on my credit report

James L. Arrasmith
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answered on Feb 22, 2024

As a widow at 71 with limited assets, you may have options to address the credit card debt incurred by your deceased husband. Since the credit card debts do not appear on your credit report, it suggests that you may not be legally obligated to repay them, especially if they were solely in your... View More

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1 Answer | Asked in Estate Planning for Ohio on
Q: I have been ask to sign a waiver to administer the estate Ohio code 2113.06 what dose this mean and should I do it.
Kenneth V Zichi
Kenneth V Zichi
answered on Feb 18, 2024

You need to ask this question of an OHIO lawyer but in general, a 'waiver' means you agree with something and will not be appearing in court to contest what is being asked.

HOWEVER, if you want specifics including what that Ohio code number means, you need to consult with someone...
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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: I have a 98 year old father. He has a will. Is there a way to avoid probate on is condo or does his will do that?

His will splits his estate 50-50 between my sister and myself. I have financial POA.

Nina Whitehurst
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answered on Feb 9, 2024

A will absolutely does not avoid probate. Rather, it guarantees probate. Avoidance of probate requires a different technique such as a trust or a transfer on death designation/document. An estate planning attorney can help you choose the best probate-avoidance technique for you.

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1 Answer | Asked in Estate Planning for Ohio on
Q: Does a letter asking me to approve of an Executor or someone's Will mean that I am in said Will?

I received a letter from my Aunt's Estate asking me to approve her choice for Executor of her Will.

T. Augustus Claus
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answered on Jan 18, 2024

Receiving a letter asking for your approval of an executor in someone's will does not necessarily mean that you are a beneficiary in that will. The role of an executor is to carry out the wishes outlined in the deceased person's will and manage the estate affairs. Your approval might be... View More

2 Answers | Asked in Estate Planning, Family Law and Probate for Ohio on
Q: My adult child passed away and has no will, very little assets ,very little debt
Todd B. Kotler
Todd B. Kotler
answered on Jan 11, 2024

It's difficult for an attorney answering this question to know what "very little" means. Assuming we are talking less than a couple $1000, the family could file for an administrative relief from probate / summary administration. If the assets are even less than 1000 the family may... View More

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: If an executor is on a bank account does that make the money theirs or does that money get considered in the will?

The will states any money in the bank or deposits on hold shall be divided.

Michael M Marques
Michael M Marques
answered on Dec 25, 2023

The issue here is whether the "executor on the bank account" is named as the beneficiary or a co-owner of the account. Bank accounts can have more than one owner and / or can be named in trust for (ITF) another individual, the beneficiary. If the executor also happens to be the co-owner... View More

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: If an executor is on a bank account does that make the money theirs or does that money get considered in the will?

The will states any money in the bank or deposits on hold shall be divided.

Aaron Epling
Aaron Epling
answered on Dec 18, 2023

"on the bank account" is a bit vague. If the person named as executor was a beneficiary or a joint owner of the account, then that money is theirs, it's not subject to probate or the will, and they don't have any obligation to share it. If the executor has a bank account titled... View More

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1 Answer | Asked in Family Law, Estate Planning and Probate for Ohio on
Q: Is my husband able to collect his fathers personal affects?

My father in law passed away recently without a living will and my husband is next of kin, but his father was living with his niece at the time of death who will not contact us. We are trying to get his affairs in order and My husband was wondering if he was aloud to collect his fathers things from... View More

Todd B. Kotler
Todd B. Kotler
answered on Dec 13, 2023

Your husband will need to open an estate administration case in probate court to exercise his rights regarding his father's estate. His cousin (the father's niece) has a right to keep people out of her apartment. Thus the only way to force her to do anything will be to get an order... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Ohio on
Q: Are we going to lose the house?

My great grandfather passed away over 10 years ago without a will. Assuming the next of kin would get the property my grandmother never did anything with the deed. She never put the house in her name or anything and has been staying there ever since. The property tax has been “exempt” because... View More

Todd B. Kotler
Todd B. Kotler
answered on Nov 15, 2023

Please get a hold of a real estate litigator in your town. It sounds like you need more advice than this forum can provide. Your question does not contain facts that are crucial to analyzing this issue. Has there been an action filed against the property owners? How was the property titled?... View More

1 Answer | Asked in Elder Law and Estate Planning for Ohio on
Q: My wife and myself had “Durable General Power of Attorney”, “Appointment of Health Care Representative”, “Living Will…….

..Declaration”, and “Last Will and Testament” documents created in 2007 while residing in South Bend, IN. Since then we have changed residency to West Chester, OH. Are we required to update/modify these document to our change of residency?

Aaron Epling
Aaron Epling
answered on Oct 30, 2023

Under the US constitution, those documents are enforceable in all other 49 states. However, some documents (particularly the healthcare directives) should be looked at. In Ohio, most attorneys use forms approved by the Ohio State Medical Association and that's what most healthcare providers... View More

1 Answer | Asked in Elder Law, Personal Injury, Estate Planning and Family Law for Ohio on
Q: Is a livein partner responsible if leave disabled partner home alone for unknown period of time and injuiry occurs?

Dad disabled and live in girlfriend left for a couple days-ish. She calls from cell and asks for well check. Deputies get there & break in - he unconscious & unresponsive on floor and covered from head to toe in dog feces. Dried, not fresh-yet the puppy they have is not anywhere to be... View More

Todd B. Kotler
Todd B. Kotler
answered on Oct 15, 2023

There is just too much baked into this question. The roommate, based on this description, does not have a specific duty to your father. I am certain that the police will look into this matter too find out what she knew and when she knew. The answer to those questions would impact my answer.... View More

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: My late mother left 12 CD's and only listed the great grand kid's (minors) as beneficiaries. Now we can't access the $.
T. Augustus Claus
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answered on Sep 20, 2023

In Ohio, if minors are designated as beneficiaries on financial instruments like CDs without specifying a custodian, complications can arise. Under the Ohio Uniform Transfers to Minors Act (UTMA), assets can be transferred to minors with an adult custodian managing them. If no custodian was named,... View More

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: How can i read someones will? My godfather always said that i was on his will but after he died his daughter say I’m not

He was from puerto rico

T. Augustus Claus
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answered on Sep 6, 2023

Certainly, in order to read someone's will, you should follow a legal process that typically starts by locating the will, consulting with an attorney who specializes in probate and estate law, and filing for probate if required. The will reading itself is not always a formal event but rather a... View More

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: My father died recently and I have no contact with my siblings. Is there a way to find out what is in his estate?

I live in a different state and he was a not married.

T. Augustus Claus
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answered on Aug 28, 2023

In the event of a person's passing, their estate typically goes through a legal process called probate. During this process, the assets and debts of the deceased are evaluated, and their estate is distributed according to their will or the state's intestate laws if there is no will. To... View More

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2 Answers | Asked in Estate Planning for Ohio on
Q: My dad does not have an updated will. He has listed my brother and I as beneficiaries on his retirement accounts.

Will my brother and I receive the inheritance that way? He is married to a woman that is not our mother and plans ot leave her his house and other assets. I am trying to get him to set up his will, but if he died tomorrow, would we receive money from the accounts we are beneficiaries to? We reside... View More

Beverly A Stull
Beverly A Stull
answered on Aug 25, 2023

You will inherit anything that lists you as a beneficiary. A will only controls assets that go to probate court, which are assets not jointly owned, having no beneficiary, or not in trust.

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2 Answers | Asked in Estate Planning for Ohio on
Q: My dad does not have an updated will. He has listed my brother and I as beneficiaries on his retirement accounts.

Will my brother and I receive the inheritance that way? He is married to a woman that is not our mother and plans ot leave her his house and other assets. I am trying to get him to set up his will, but if he died tomorrow, would we receive money from the accounts we are beneficiaries to? We reside... View More

Andrew Popp
Andrew Popp
answered on Aug 25, 2023

Good question. Keep in mind that a spouse has certain rights to retirement funds depending on the type of account he has, regardless of beneficiary designations. Timing also matters in this regard. I highly recommend you sit down with a qualified professional who can evaluate the situation in... View More

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2 Answers | Asked in Family Law and Estate Planning for Ohio on
Q: Is it illegal to write someone's will the way their wife wants it wrote?

Is it illegal to write someone's will the way their wife wants it wrote?

Is it illegal to write someone's will the way the state would distribute things instead of writing it the way the deceased wanted it wrote?

Does a wife have any say in how her husband's will is wrote?

Todd B. Kotler
Todd B. Kotler
answered on Jul 27, 2023

My colleague Attorney Frick is correct. The quick answer to your questions are

Is it illegal to write someone's will the way their wife wants it wrote? No IF they are in agreement AND the wife is not exercising undue influence (threatening the testator with violence, abuse, etc,)...
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