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Questions Answered by Beverly A Stull
2 Answers | Asked in Estate Planning, Banking and Probate for Ohio on
Q: my mother passed away with no will or anything. I am her only child, she did not remarry.

She passed away suddenly and I have the paperwork printed out, but need to know the easiest route to close her bank account, and switch the title to her truck into my name.

Beverly A Stull
Beverly A Stull answered on Mar 3, 2021

I am sorry for your loss. If your mother's name was the only one on the bank account and the truck, you will need to open a probate estate. There are 3 different sizes of estates, based on the value of the probate assets. You should check the website of the probate court of the county where... Read more »

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Is the family to Pay the nursing home debt of the passed client.. With no Medicaid assistance I am POA of Medical only
Beverly A Stull
Beverly A Stull answered on Feb 4, 2021

The family is only responsible for the debt to the extent of the estate's assets.

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2 Answers | Asked in Estate Planning, Insurance Bad Faith and Insurance Defense for Ohio on
Q: Is a surviving spouse, if they did not sign a guarantee, required to pay hospital medical bills if the deceased spouse?

My cousin passed away from cancer. Over 1 year later, his wife received a Bill from a large cancer treatment center. She had great insurance. He was receiving experimental treatment. The bill was denied because it was above usual and customary. $71,000

Beverly A Stull
Beverly A Stull answered on Jan 23, 2021

According to recent Ohio case law, a creditor must deliver their claim to the estate's representative within 6 months of date of death. The cancer treatment center's claim should be denied.

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4 Answers | Asked in Probate for Ohio on
Q: My father passed away july 2020. after living with us for 15 yrs. We built onto our home for him to have his own area.

He paid 60,000 of the add on and we paid the rest. He was never on any mortgage, taxes or insurance. He lived here for free and now my brother thinks I should have to pay him 1/3 of what my dad paid to the build 15 yrs ago. There are 3 of us children. Also, I was on all his checking and savings and... Read more »

Beverly A Stull
Beverly A Stull answered on Jan 21, 2021

You owe your brother nothing. Your father could do anything that he wanted to do with his money, and he obviously wanted to invest in your home to provide himself with a comfortable place to live. And any bank account that had your name as joint owner now belongs to you.

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2 Answers | Asked in Probate for Ohio on
Q: No will, small estate; but needs probate. I have all information. What is considered "customarily" fee for Stark County

My relatives had no children, and my mother is next of kin; but very elderly. I will be appointed administrator. Just need to fill out Release Form for Aunt and then full probate due to Uncle being survivor. Only had a house and one car. I am able to provide all records of assets, liabilities,... Read more »

Beverly A Stull
Beverly A Stull answered on Nov 28, 2020

There are two ways an attorney can charge for an estate. One is hourly and the other is according to the value of the estate. You can contact attorneys and ask how they charge. Also many attorneys will give a complementary consultation where they estimate their fees. And you can check the Stark... Read more »

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1 Answer | Asked in Probate for Ohio on
Q: Is it possible to get filing fees waived in probate court for being indigent?
Beverly A Stull
Beverly A Stull answered on Nov 20, 2020

Yes, you can file an Affidavit of Indigency, Supreme Court form 26.8. Depending on the county, there may be a hearing scheduled. It is means tested; you must be under 187.5% of the Federal Poverty Level.

4 Answers | Asked in Probate for Ohio on
Q: Does a will have to go to probate in Ohio if there no assets to speak of?

My father passed away last month. The attorney who did the will is retired, possibly deceased. The bank named in the will as Executor has since been sold. They are telling me they don't do that, even though the will names the bank or it's successor. There is no real estate involved. Mom... Read more »

Beverly A Stull
Beverly A Stull answered on Nov 9, 2020

You only need to go to probate if there are probate assets. Probate assets are those that do not have any of the following:

a joint owner

a listed beneficiary

or are not in trust.

It appears that there are no probate assets, but you could consult with a probate attorney to review and be sure.

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2 Answers | Asked in Estate Planning for Ohio on
Q: My Mother and Father passed away with no will. How do we get the deed to the house in our name?

Do we have to do two separate probate cases to switch from joint to just Dad, then one to us? Or can it be done in one case.

Beverly A Stull
Beverly A Stull answered on Oct 19, 2020

You have to do two estates, unless the property was titled jointly with survivorship rights or if there is a Transfer on Death Affidavit recorded with the county. If it requires two estates, depending on the county where the decedents lived and how long ago they died you may be able to do a Real... Read more »

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3 Answers | Asked in Estate Planning for Ohio on
Q: My father recently passed away with no will.Just my sister and i. Next steps in regard to estate? Ohio

My father passed away a week ago. He didn't have a will or anybody appointed to take care of his estate. He had no life insurance either. It's just my sister and I and we are on the same page with everything. Just wondering about next steps legally for his estate. He had a little credit... Read more »

Beverly A Stull
Beverly A Stull answered on Sep 28, 2020

It depends on whether your father had any probate property - property without a beneficiary, without a joint owner, and not in trust. If the bank account was in his name only, you will need to open an estate in probate court. Depending on the size of the probate assets, you may be able to do a... Read more »

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2 Answers | Asked in Estate Planning for Ohio on
Q: How do you go about writing a will? Do you do it with your spouse or does each person write their own? What is the cost?

What type of lawyer do we hire?

Beverly A Stull
Beverly A Stull answered on Jul 22, 2020

You and your spouse should have separate wills. It is best to hire an estate planning attorney to draft them, as they can make sure that the wills are done properly according to state law. Costs vary, but most attorneys have a flat fee for wills and can tell you when you make an appointment to... Read more »

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: My father passed away in April my sister is the EOE. I wasn't mentioned in the Will. Were not speaking what can I do?

Do I have any rights as his legal daughter? What steps should I take?

Beverly A Stull
Beverly A Stull answered on Jun 11, 2020

Your father had the right to include or exclude anyone he wanted. And good for him to give only to children who were speaking to him! If you wanted to be treated like his daughter after his death, you should have treated him like your father when he was alive; it is too late now!

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2 Answers | Asked in Probate for Ohio on
Q: As executor for probating a will in Ohio, where is the best publication to notify potential debtees of decedent?
Beverly A Stull
Beverly A Stull answered on Mar 24, 2020

Usually there is a Court publication. Often the Court itself will take care of posting it for you.

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2 Answers | Asked in Probate for Ohio on
Q: Ohio my wife and I are listed on warranty deed to home valued at $195,000. She died. Must I probate home to remove her.

3 surviving children. No will. need to remove her name. House owned Free and Clear. She has no creditors and no other assets.

Beverly A Stull
Beverly A Stull answered on Feb 25, 2020

It depends on how the house is titled. If it says something similar to "for their joint lives, remainder to the survivor", then an Affidavit filed with the recorder can be used to transfer it. Otherwise probate will probably be required.

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4 Answers | Asked in Estate Planning for Ohio on
Q: How can I be sure my grandchildren get a certain percentage of my estate?

In my will, my two children will get 95% of my estate, and the remaining 5% will go to my four grandchildren. BUT, all my annuities, bank accounts, CDs, etc are POD to my two children. So how will my grandchildren get anything at all?

Beverly A Stull
Beverly A Stull answered on Jan 17, 2020

As you are aware, any asset with a valid beneficiary will go to the beneficiary when you die. Only assets without beneficiaries, not held jointly, and not in trust will go to probate, where the will controls. One option is to trust your children to give part of their inheritance to their... Read more »

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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.

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