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Questions Answered by Beverly A Stull
3 Answers | Asked in Estate Planning, Real Estate Law and Foreclosure for Ohio on
Q: I lived with my fiance for 12 yrs. and he passed away on May 31. His house is in mortgage and they want their money.

I am not able to pay the mortgage due to waiting for opers benefits and for his family's attorney to get everything put into my name. i need to know what i can do before our house is taken from us. Was planning on paying off mortgage once i received his opers benefits.

Beverly A Stull
Beverly A Stull answered on Aug 22, 2019

The first thing would be to call the mortgage company and discuss the situation with them. They are often willing to wait for a while when there has been a death of the mortgage holder. You may have to reapply for the mortgage unless you were on the original mortgage.

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2 Answers | Asked in Probate for Ohio on
Q: My cost to state of Ohio to become bonded as Executor of mother's will. I live and reside in Michigan.

Oddly, most of the estate has been finalized. Several loose ends to tie up. Since I live in MI and finishing this, I understand there is a fee to be bonded. That's first of many questions. Thanks

Beverly A Stull
Beverly A Stull answered on Feb 19, 2019

First, check your mother’s will. Most wills state that no bond is required.

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1 Answer | Asked in Probate for Ohio on
Q: If a will is worded without order from the court. Does it still need to go through probate
Beverly A Stull
Beverly A Stull answered on Jan 26, 2019

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.

1 Answer | Asked in Probate for Ohio on
Q: Mother is dying. No will. The only property are household items. Probate court needed?

SSI is her only income and that all goes to rent.

Beverly A Stull
Beverly A Stull answered on Dec 27, 2018

If she has no assets titled in her name alone, probate should not be necessary.

1 Answer | Asked in Probate for Ohio on
Q: If one member of the family had power of attorney before our parent died, does that mean he automatically becomes the

executor of our parent's estate?

Beverly A Stull
Beverly A Stull answered on Dec 4, 2018

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.

1 Answer | Asked in Estate Planning for Ohio on
Q: How soon after a death (without a will) does the probate process start?
Beverly A Stull
Beverly A Stull answered on Nov 30, 2018

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.

1 Answer | Asked in Estate Planning for Ohio on
Q: The Estate Attorney just told me my Great great Aunt estate is 90% complete, when can I expect my part of it?
Beverly A Stull
Beverly A Stull answered on Oct 16, 2018

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.

1 Answer | Asked in Estate Planning for Ohio on
Q: Irrevocable trust Settlor question

My mom is trying to create an irrevocable trust to protect her assets. Upon her passing it would be split between my sibling and myself. The firm she is using has my sibling as the "Settlor" and the 2 of us as "Trustees" . I'm concerned as the way the document is written it seems my Mom should... Read more »

Beverly A Stull
Beverly A Stull answered on Oct 4, 2018

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... Read more »

1 Answer | Asked in Probate for Ohio on
Q: My cousins mom passed. Her house has a mortgage. Her life ins/401K named a beneficiary.

She did not have a signed will

He wants to remain in her house. Can the house be transferred to his name w/o a probate case? What about her checking/savings accounts?

Beverly A Stull
Beverly A Stull answered on Sep 10, 2018

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... Read more »

1 Answer | Asked in Probate for Ohio on
Q: My brother died with no will, his 401k and insurance policy list a beneficiary do they have to go into probate?
Beverly A Stull
Beverly A Stull answered on Nov 26, 2017

If the beneficiary is living, then those pass outside of probate.

2 Answers | Asked in Probate for Ohio on
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.

We were told by the crematorium (says he has been doing this for 30yrs) that my step-father, because he is the surviving spouse, everything goes to him regardless of what my mother’s Will says. My mother and step-father led completely separate financial lives and my step-father is not on any of... Read more »

Beverly A Stull
Beverly A Stull answered on Nov 6, 2017

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.

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1 Answer | Asked in Estate Planning and Probate for Ohio on
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
Beverly A Stull
Beverly A Stull answered on Oct 1, 2017

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.

1 Answer | Asked in Contracts and Estate Planning for Ohio on
Q: Can a will and testament expire?

A family member died. The will & testament is over 20 yrs old. The notary seals are expired. Is the document still valid?

Beverly A Stull
Beverly A Stull answered on Sep 10, 2017

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.

2 Answers | Asked in Probate for Ohio on
Q: In the state of Ohio if you have a will does the estate need to go through probate court?
Beverly A Stull
Beverly A Stull answered on Aug 16, 2017

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.

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1 Answer | Asked in Estate Planning and Probate for Ohio on
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?

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

It's been a year since the death of my uncle and his son has kept up on the mortgage payments and all other bills but has not had the money for probate... Read more »

Beverly A Stull
Beverly A Stull answered on Jul 5, 2017

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.

2 Answers | Asked in Probate for Ohio on
Q: Does it cost money for an estate to go through probate?
Beverly A Stull
Beverly A Stull answered on Jun 30, 2017

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.

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1 Answer | Asked in Probate for Ohio on
Q: My parents' estate was recently settled; I live overseas ( check that was sent on May 12 has not yet arrived. Help!

I provided my address with recommendation that check be sent a priority mail so it could be tracked. Am now being told by lawyer that it was sent "regular mail." Since it's been over a month and has not received, and there is no proof that it was ever sent, how can I proceed ? (Ohio)

Beverly A Stull
Beverly A Stull answered on Jun 16, 2017

I suggest that you ask the attorney to stop payment on the check and re-issue a new check, sending it priority mail.

1 Answer | Asked in Estate Planning for Ohio on
Q: If I am a beneficiary to a home am I responsible for repairs to that property before the death actually occurs?
Beverly A Stull
Beverly A Stull answered on May 28, 2017

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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