Questions Answered by Beverly A Stull

Q: My cost to state of Ohio to become bonded as Executor of mother's will. I live and reside in Michigan.

2 Answers | Asked in Probate for Ohio on
Answered on Feb 19, 2019
Beverly A Stull's answer
First, check your mother’s will. Most wills state that no bond is required.

Q: If a will is worded without order from the court. Does it still need to go through probate

1 Answer | Asked in Probate for Ohio on
Answered on Jan 26, 2019
Beverly A Stull's answer
I am not sure what you mean by “worded without order from the court. A will is only used when an estate goes to probate court. Property that has a beneficiary, a joint owner, or is in a trust pass outside of probate.

Q: Mother is dying. No will. The only property are household items. Probate court needed?

1 Answer | Asked in Probate for Ohio on
Answered on Dec 27, 2018
Beverly A Stull's answer
If she has no assets titled in her name alone, probate should not be necessary.

Q: If one member of the family had power of attorney before our parent died, does that mean he automatically becomes the

1 Answer | Asked in Probate for Ohio on
Answered on Dec 4, 2018
Beverly A Stull's answer
No, the only way to become Executor is to be named in the decedent’s will and apply to the probate court. If there was no will, any person living in Ohio can apply to be Administrator.

Q: How soon after a death (without a will) does the probate process start?

1 Answer | Asked in Estate Planning for Ohio on
Answered on Nov 30, 2018
Beverly A Stull's answer
It really depends on the family. Some need to start right away because they need plates for the car, want to sell the house, or need access to bank accounts. But there are reasons to wait as well. A probate attorney can advise.

Q: The Estate Attorney just told me my Great great Aunt estate is 90% complete, when can I expect my part of it?

1 Answer | Asked in Estate Planning for Ohio on
Answered on Oct 16, 2018
Beverly A Stull's answer
That is a question only the estate attorney can answer. Depending on the size of the estate and the steps remaining, it could be a short time or longer. Ask the attorney when the distribution is to be made.

Q: Irrevocable trust Settlor question

1 Answer | Asked in Estate Planning for Ohio on
Answered on Oct 4, 2018
Beverly A Stull's answer
No. Your mother should be the Settlor. There is no need to hide money from Medicare; they were probably referring to Medicaid, which can look back 5 years to see if there were any transfers for less than Fair Market Value for the purpose of Medicaid eligibility. If your mother needs Medicaid within 5 years of funding the trust, you or your attorney would have to lie when they ask if there have been transfers. If Medicaid asks to see 5 years of records, they will question the transferred...

Q: My cousins mom passed. Her house has a mortgage. Her life ins/401K named a beneficiary.

1 Answer | Asked in Probate for Ohio on
Answered on Sep 10, 2018
Beverly A Stull's answer
Your cousin will need to find out how his mother's house was titled. If just in her name, with no Transfer on Death, it will need to go to probate. Similarly, he needs to find out how the accounts were titled. If just in her name, they will also need to go to probate. He should discuss the situation with a probate attorney in his area to get more specific advice.

Q: My brother died with no will, his 401k and insurance policy list a beneficiary do they have to go into probate?

1 Answer | Asked in Probate for Ohio on
Answered on Nov 26, 2017
Beverly A Stull's answer
If the beneficiary is living, then those pass outside of probate.

Q: My mother has a will. I am the executor. She divided her assets equally among us 3 sisters. My mother passed in 10/24.

2 Answers | Asked in Probate for Ohio on
Answered on Nov 6, 2017
Beverly A Stull's answer
The crematorium employee should not practice law. Take the will to an attorney and open an estate in probate court. The surviving spouse may be entitled to some, if he chooses to take against the will, but it should all be done under court supervision.

Q: My father passed away. Had a trust had 5 kids named in trust. If six other people claim to be his child, can they claim

1 Answer | Asked in Estate Planning and Probate for Ohio on
Answered on Oct 1, 2017
Beverly A Stull's answer
It depends on how the trust was worded and whether everything he had was in the trust. It is best that you, or whoever is the trustee, talks with a probate attorney.

Q: Can a will and testament expire?

1 Answer | Asked in Contracts and Estate Planning for Ohio on
Answered on Sep 10, 2017
Beverly A Stull's answer
Wills don't expire. If they are valid at the time of creation - signed by the testator at the bottom with two witnesses signing that the testator did so of free will - it is valid forever unless revoked.

Q: In the state of Ohio if you have a will does the estate need to go through probate court?

2 Answers | Asked in Probate for Ohio on
Answered on Aug 16, 2017
Beverly A Stull's answer
Whether you need to go thru probate depends on how assets are titled, not whether or not you have a will. Anything that is in the decedent's name alone, without a beneficiary or joint owner and not in a trust, would need to be probated. Contact a probate attorney for guidance.

Q: when someone dies and a will is left, (house,car) all left to his son. Is there a time limit in Ohio to file in probate?

1 Answer | Asked in Estate Planning and Probate for Ohio on
Answered on Jul 5, 2017
Beverly A Stull's answer
There is no time limit. You should meet with an attorney to review the deed. Normally a survivorship deed is between two people, or to the survivor.

Q: Does it cost money for an estate to go through probate?

2 Answers | Asked in Probate for Ohio on
Answered on Jun 30, 2017
Beverly A Stull's answer
Yes; fees vary by the size of the estate and the county. The county probate website lists the fees. If you don't handle it yourself, there will also be the attorney fees.

Q: My parents' estate was recently settled; I live overseas ( check that was sent on May 12 has not yet arrived. Help!

1 Answer | Asked in Probate for Ohio on
Answered on Jun 16, 2017
Beverly A Stull's answer
I suggest that you ask the attorney to stop payment on the check and re-issue a new check, sending it priority mail.

Q: If I am a beneficiary to a home am I responsible for repairs to that property before the death actually occurs?

1 Answer | Asked in Estate Planning for Ohio on
Answered on May 28, 2017
Beverly A Stull's answer
No, you are not responsible for repairs to a home that you do not own. You may find it beneficial to keep the home in repair, so that when you inherit, it isn't a mess, but you are not required to do so.

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