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Questions Answered by Beverly A Stull
1 Answer | Asked in Estate Planning for Ohio on
Q: My Mom and deceased Aunt's estate have joint ownership of a house. In this case, which is better a will or a trust?
Beverly A Stull
Beverly A Stull
answered on Oct 11, 2024

First your mother will have to get the house in her name alone. Depending on the wording of the deed, that may require probate or an affidavit. Then your mother can do her estate planning. A will does not avoid probate, but there are other ways. A trust avoids probate. She should schedule a... View More

2 Answers | Asked in Probate for Ohio on
Q: All liens and creditors are paid off.Can the estate be turned over to me immediately and the funds in my name?

My lawyer has control of my father’s estate. Ohio commerce has 120 day processing turnaround. This was supposed to be done in August 2023 when he first received it.

Beverly A Stull
Beverly A Stull
answered on Mar 27, 2024

The probate courts in different counties of Ohio have different rules for when property can be distributed. In most counties I've worked in, real property cannot be transferred until the Inventory in the estate has been filed and/or approved. Some counties can transfer personal property... View More

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1 Answer | Asked in Elder Law and Public Benefits for Ohio on
Q: I recently moved my 95 yr old grandpa from Florida to a Ohio nursing home. I also paid for his car to be transported to

Ohio. He would like to gift the 2009 car to me. He will be applying for Medicaid when his funds run out. How should I proceed? I don"t want him to have any problems with Medicaid if he does this.

Beverly A Stull
Beverly A Stull
answered on Feb 7, 2024

It is good that you are recognizing this could be a problem up front, so that it can be handled. There are two ways to approach it. One is to accept there is a penalty for an improper transfer, and arrange to pay (value of car/average monthly private pay rate for this year, currently $7,453 =... View More

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: How do you fill out the "CONFIDENTIAL DISCLOSURE OF PERSONAL IDENTIFIERS" form?

My father passed away several years ago and left some money in his bank account which I never claimed. I understand the rest of the forms for the Summary Release from Administration, but this one leaves me baffled. It's like it's supposed to refer to some other documents. If you have any... View More

Beverly A Stull
Beverly A Stull
answered on Nov 26, 2024

You are not permitted to disclose confidential information, like full account numbers, on the probate forms. So the courts provide that form to allow you to show full account numbers and match them to the truncated ones you put on the forms; that form will not be scanned and posted on the... View More

2 Answers | Asked in Probate for Ohio on
Q: my mother-in-law passed away and we need her brother to sign saying we get her car. What form in Ohio will he need sign
Beverly A Stull
Beverly A Stull
answered on Nov 9, 2024

You need to talk with a probate attorney. You have not provided rnough information to answer your question.

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: My mom passed away recently. I was on her bank account as POD and listed as TOD on her home, which is now in my name.

I have since closed the bank account but now I am trying to buy her vehicle that she owed $8000 on before her death. When I file probate paperwork (I’m executor of the estate) to try and get the car, do I need to list all of her assets like the house and money that was in her account even though... View More

Beverly A Stull
Beverly A Stull
answered on Mar 7, 2024

You only list those assets that are probate assets. Anything passed by a TOD or POD or a joint owner is not a probate asset.

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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.

Beverly A Stull
Beverly A Stull
answered on Feb 9, 2024

A will does not avoid probate. You can consult an attorney to prepare a Transfer on Death Affidavit to record with the Recorder's office. That will transfer outside of probate. Alternately, you can create a trust and transfer the condo to the trustee.

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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Does the wife need to file a will and/or ask for summary release from administration in Ohio for a very small estate?

My husband died three weeks ago, leaving a will with me as sole beneficiary and executor. Cremation is fully paid for, and there are no children, no previous marriages, his family are all deceased. My husband's house has already been transferred to me by a Transfer on Death affidavit, so no... View More

Beverly A Stull
Beverly A Stull
answered on Feb 4, 2024

ProSeniors is correct. From your description, the only asset you would have to probate is the $40 bank account and it would cost more to probate it than it is worth.

2 Answers | Asked in Contracts and Estate Planning for Ohio on
Q: What information is required of a person to be named a beneficiary, other than their name?

They live in Texas, are not related to me, and state their attorney requires certain information. I am concerned about a swindle. Are there any instances that require more information than a name? Will they need my SSN? Bank account info? Etc.?

Beverly A Stull
Beverly A Stull
answered on Jan 10, 2024

It is likely that they would ask your name and address, so that they can keep you informed regarding the estate. They should not ask confidential information like SSN, bank accounts, etc. If something they asks makes you uncomfortable, don't do it.

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1 Answer | Asked in Elder Law for Ohio on
Q: Two years ago refi home mortgage put daughter who lives with me if I go on Medicare is house protected for her

She has been on deed for over two years and lives with me is home protected for her if I need medicade

Beverly A Stull
Beverly A Stull
answered on Jan 5, 2024

You should contact an elder law attorney. You MAY be able to transfer the house to her if you need Medicaid, but if you contact an elder law attorney, they would be able to advise you as to whether that is possible.

1 Answer | Asked in Estate Planning and Real Estate Law for Ohio on
Q: What information has to be in a POA to allow real estate transfers? Does each property have to be individually listed?
Beverly A Stull
Beverly A Stull
answered on Dec 26, 2023

The POA does not have to list individual properties. It should say something similar to "to lease, rent, manage, contract to sell, sell, or convey real estate by deed or any instrument".

1 Answer | Asked in Elder Law and Health Care Law for Ohio on
Q: My mother died this past July. Am I responsible for her medical bills and her stay at a nursing home

Yesterday someone from the nursing home put paperwork that says I am responsible for her bill.

Beverly A Stull
Beverly A Stull
answered on Nov 12, 2023

As long as you did not sign documents as the responsible person for your mother's bills, you are not responsible. If you were your mother's agent under a power of attorney, and if you signed as her agent, you should have put a POA by your name to designate that you weren't signing... View More

1 Answer | Asked in Probate for Ohio on
Q: Am I entitled to my dads share of his inheritance since he predeceased his mom? What does this letter I received mean?

I received a “Notice of Probate of Will” letter and it says I’m “A person who would be entitled to inherit from the decendent had the decendent died intestate.” My dad died a few years ago he had a will and his mother died a few months ago also with a will.

Beverly A Stull
Beverly A Stull
answered on Nov 10, 2023

You received the Notice because you are next of kin; it is just to inform you that your grandmother's will was filed with the probate court in the county where she lived. You will need to look online to see what the will says. You would be entitled to your father's share of your... View More

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 Family Law and Elder Law for Ohio on
Q: How to have elderly parent who refuses medical treatment deemed incompetent but not apply for guardianship?

My elderly parent is incompetent. She stopped taking her medications, stopped going to her doctor appointments. Is losing her memory. Being scammed online. The list goes on. But I am not in the position to apply for guardianship. I'm struggling with my own responsibilities. I can't be... View More

Beverly A Stull
Beverly A Stull
answered on Aug 6, 2023

There are organizations who can serve as guardians. Look on the Internet for those organizations which operate in Hamilton County.

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1 Answer | Asked in Estate Planning for Ohio on
Q: my wife and i are 59 and 65 years old and have a 13 year old child that we adopted we have property and life insurance

we want to protect our daughter when we die.. what do we have to do to make sure she gets our house and life insurance policies. i dont want her to end up in probate court with our house, we do have a niece that can take care of her if we die before she turns 18. i want the best way to get things... View More

Beverly A Stull
Beverly A Stull
answered on Feb 20, 2023

The best way to take care of your daughter and to avoid probate is to create a trust. You can specify how money will be used while she is a minor and whether she inherits everything at age 18, or it is phased out to her.

2 Answers | Asked in Estate Planning for Ohio on
Q: I do not have an attorney. How should I pick one to do estate planning? What should I consider?
Beverly A Stull
Beverly A Stull
answered on Oct 7, 2022

You can search for an estate planning attorney on Justia or on Avvo. Both list attorneys by location and type of law they practice. When you see one that you would like to know more about, you can look at their website, the reviews that their clients have left, and just general information about... View More

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1 Answer | Asked in Probate for Ohio on
Q: My father had a TOD Will so that his home and property could not be probated.

He listed my sister and her two children as beneficiaries. His attorney who wrote the will stated to me, as long as the house and property weren’t probated it fell into the rest and residue of the estate of which I am named as a beneficiary along with the previous 3 people. I don’t know what to... View More

Beverly A Stull
Beverly A Stull
answered on Aug 14, 2022

I don't know what you mean by a TOD Will. There is a Transfer on Death Designation (TODD) Affidavit, which specifies who will inherit the house after the grantor's death, outside of probate. Anything with a beneficiary, like the TODD Affidavit, will transfer outside of probate and will... View More

2 Answers | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: If a parent dies and has no will and her only son is incarcerated can the sons wife become the executor of the estate?

His aunt is trying to do it but has not gotten the paperwork done yet

Beverly A Stull
Beverly A Stull
answered on Apr 20, 2022

If there is no will, anyone can apply to be an Administrator; there is only an Executor if there is a will. But the son will be notified and can object to it.

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2 Answers | Asked in Estate Planning for Ohio on
Q: In Ohio, can an out of state person be an executor of an estate? Also, what are waiver of notice probate of will docs?

I was told I could not be executor of my parents estate because I reside out of state. Is that a nice to have condition or a need to have requirement. Also, I was sent a waiver of notice of probate of will from my brother without explanation to sign. Why should I sign this document. Did not... View More

Beverly A Stull
Beverly A Stull
answered on Apr 20, 2022

Someone living out of state can be an Executor, who was named in the will. They cannot be an Administrator, who handles the estate when there is no will. Signing a Waiver of Notice of Probate of Will indicates that the Executor or Administrator does not need to send you certified mail telling you... View More

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