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Questions Answered by Beverly A Stull
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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1 Answer | Asked in Probate for Ohio on
Q: Do you have to go through the probate process to settle an estate If a person dies without a will?
Beverly A Stull
Beverly A Stull
answered on Feb 28, 2022

You may have to go to probate whether or not there is a will. Probate property is that property which does not have a beneficiary or a joint owner, and is not in trust. For example, IRAs often have beneficiaries. If the beneficiaries are living, the IRA would transfer without probate. Married... View More

1 Answer | Asked in Probate for Ohio on
Q: Can one submit and update probate inventory if another asset for estate has been acquire since approval.

My mother's estate has just received refund checks and I filed IRS taxes. Now expect State and Federal refunds

Beverly A Stull
Beverly A Stull
answered on Feb 23, 2022

You will need to file a Report of Newly Discovered Assets. Some counties provide a form, while you may have to make up the form for other counties. If your county has a form, it would be available online at the court website.

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... View 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... View 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,... View 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... View 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... View 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... View 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... View 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... View More

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