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Ohio Probate Questions & Answers
1 Answer | Asked in International Law and Probate for Ohio on
Q: My Canadian husband died intestate in Ohio. I'm a US citizen. We had no children. He has 1 adult child in Canada.

His Canadian estate consists of the contents of a storage container of household goods in BC and stock in a Canadian company at the time of his death. He was a resident of BC prior to joining me in Ohio. He did not own any vehicles, bank accounts or real estate in Canada. His US estate consists of... Read more »

Andrew Popp
Andrew Popp answered on Jul 21, 2021

A detailed analysis of all the pertinent facts is necessary before anyone can give you a definitive answer. I recommend sitting down with a probate attorney in your area for a full consultation.

2 Answers | Asked in Probate for Ohio on
Q: Father passed no will no spouse. My bro in same state as Dad. I live diff state. How protect my inheritance rights?
Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 20, 2021

I would talk to an Ohio attorney about beating your brother to the punch to get appointed as Administrator of the estate. In my state, Louisiana, you and he would have equal preferenced in right to be appointed. Ohio may have a statute that provides that a local person living in the state has a... Read more »

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2 Answers | Asked in Arbitration / Mediation Law, Business Law, Civil Litigation and Probate for Ohio on
Q: I lived with my fiancé for 17 years. We ran a business together out of the house for the last 11 years. She died.

She left the house to her sister. I knew that. However, they took the business name and accounts and took control of the business PO Box and all incoming checks and entered them into probate in Greene Co. Ohio. I subsequently had to file all necessary paperwork and obtain a new federal EIM and new... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 19, 2021

If there is an operating agreement or partnership agreement for the company, you could make a claim for your share of the ownership. If any of your personal property was removed from the house, you could make a claim for return of that. Use the Find a Lawyer tab to retain a local attorney to... 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...
Read more »

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1 Answer | Asked in Criminal Law, DUI / DWI and Probate for Ohio on
Q: What if I am on probation and condition of my probation is to not drink alcohol and I get in a car accident drunk

Before this I was on probation and broke it for getting a DUI and went to jail for one year then got on probation again this time and for the first time broke it by testing positive for alcohol and then got in the accident the next day in geauga county

Andrew Popp
Andrew Popp answered on Jun 21, 2021

You are subject to the same maximum penalties as you were for the original charge. Every time you violate probation the punishment typically increases. What should you do? Hire an attorney to get you the best possible resolution. Don't expect a miracle with these facts however.

1 Answer | Asked in Probate for Ohio on
Q: Probate has been open for three years. Executor is also beneficiary. House was never itemized.

Claims the estate is 45,000 but that was the realtor quote. The estate lawyer is also pushing this. Estate lawyer sent me papers on the executors behalf telling me to pay her 20,000 for what she's paid or she will give me and my siblings a few more hundred dollars to sign off. Two years ago we... Read more »

Andrew Popp
Andrew Popp answered on Jun 15, 2021

From the facts provided it sounds like there are a lot of moving parts to this situation. The devil is in the details unfortunately, and a more detailed analysis needs to be done to determine what actions you can/should take. I recommend sitting down with a probate attorney in your area to review... Read more »

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 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 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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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Probate for Ohio on
Q: In a case where the plaintiff, a beneficiary, filed against the new co-trustees since the original trustee resigned upon

Breach of duty since an accounting had never been provided in 1st trust of several yrs the 2nd trust also. The B O Duty against the orig trustee was asking for accountability of missing assets was denied in the hearing since the trustee resigned. The co-trustees in turn sold property of the trusts... Read more »

Andrew Popp
Andrew Popp answered on May 24, 2021

I'm sorry you're having to deal with this. On review of your facts, I do not see a question being asked. Trusts were originally based on the law of contracts. While some statutes govern general principles of Trust management etc., the specific provisions of the Trust can sometimes... Read more »

2 Answers | Asked in Probate for Ohio on
Q: My mom passed no will. Her house was in a reverse mortgage She has little money in frozen bank acct. What do i do?
Joseph Jaap
Joseph Jaap answered on May 14, 2021

If the mortgage exceeds the value of the house, then the bank would get the house. There might not be anything for you to do. Use the Find a Lawyer tab to retain a local probate attorney to review the situation and advise you if you need to do anything.

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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...
Read more »

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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 »

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 and Probate for Ohio on
Q: My dad passed away and my step mom and step siblings took everything and left me and my brother (his biological children

My stepmom is terminally ill, has treated me and my brother poorly our whole life, has been transferring my dads items into their names over the years. My dad committed suicide and it’s still under investigation, not sure if he really did it, my stepsister and boyfriend found him. Cops didn’t... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 11, 2021

If your dad had no will, then you stand very good share of inheriting a portion of his estate. You should hire a local probate attorney to help you assert your right of inheritance.

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1 Answer | Asked in Probate for Ohio on
Q: My niece got POA over 1 month ago. I requested she pick up secured vehicles. Her lawyer says it's my responsibility to

deliver to her. She said she will call police and say I stole it. This is crazy. Can I charge for storage?

Andrew Popp
Andrew Popp answered on Apr 7, 2021

I'm sorry, it's unclear as to what exactly is going on in your situation. A power of attorney gives authority for your named agent to take action on your behalf when the preliminary conditions have been satisfied. It does not change or alter the legal rights or responsibilities of the... Read more »

1 Answer | Asked in Probate and Estate Planning for Ohio on
Q: Bio dad and stepmother live in Ohio. I, bio daughter, live in Canada.

My brother is the executor and my stepmother is POA. My father has dementia and my stepmother is unwell physically. My stepmother is refusing to give me end of life decisions or preplanned funeral information on my father. She states it is none of my business or it has nothing to do with me. Do I... Read more »

Andrew Popp
Andrew Popp answered on Mar 31, 2021

These are all good questions. In short, you only have the "rights" your father chooses to give you. Has your father been adjudicated mentally incompetent, or does he still have the ability to manage things for himself. In Ohio, there is something known as a Declaration of Disposition... Read more »

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: If a person had a bank as their rep. and also had them in the will, is the bank responsible for things after they pass?

Mother in law passed. She had her bank as her personal representative. She also had them in her will. The bank is now saying that once she passed, the personal representative goes away. The bank states they will handle everything, but they want $1,500.00 for the bank and their attorney to handle... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 25, 2021

A family member will have to file her will with the probate court and apply to be executor to administer her estate to get access to the funds. Use the Find a Lawyer tab to retain a local probate attorney who can review her will and the facts of the situation, and advise you what to do. The... Read more »

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1 Answer | Asked in Probate for Ohio on
Q: if some 1 pass away and kids stop paying on house and dont want it, and its in probate how do you buy the house

the house is not in foreclosure

Andrew Popp
Andrew Popp answered on Mar 19, 2021

The answer depends on a number of additional factors. What is your relation to the deceased? Is there a Will? Are there outstanding debts owed by the deceased? Are you a named beneficiary or heir? There is a specific procedure for land sales in the probate process. If, and how you can acquire... Read more »

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: As executor of the will, along with my brother. When everything is final, do they send a certified check to me and my si
Joseph Jaap
Joseph Jaap answered on Mar 15, 2021

A person named to be executor in a will, must file the will in the probate court in the county where the deceased was a resident or where the deceased died, and must apply to the court to be legally appointed as executor. After the court appoints the executor, the executor then must file an... Read more »

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