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Questions Answered by Beverly A Stull
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... 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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