Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Aaron Epling
2 Answers | Asked in Estate Planning and Landlord - Tenant for Ohio on
Q: If someone inherits a home and all heirs agree do we have to wait til probate to evict tenants so we can move in?

He has a copy of the will leaving the home to him. Can we use that to start the eviction process on the tenants? They are nice ppl and have lived there a few years. We gave them 3 mths but at the end of the 3 mths we dont want to have to wait another couple mths to evict if they dont move. We are... Read more »

Aaron Epling
Aaron Epling answered on May 10, 2021

It's easy to transfer the property out of the decedent's name and into the names of the heirs. Then, you won't have any issues with the probate court when you file eviction. Generally, unless a will says otherwise, an administrator (executor) needs special permission from the court... Read more »

View More Answers

2 Answers | Asked in Estate Planning for Ohio on
Q: A final accounting of assets, etc. has been filed. I had to sign an agreement to this. Will I receive a check?
Aaron Epling
Aaron Epling answered on Mar 15, 2021

Beneficiaries do not "have" to sign anything in Ohio. But, if the accounting says that you are getting a distribution, then you should expect one. You may want to talk to an attorney if the final account was filed a while ago; maybe even the estate's attorney. Typically, the... Read more »

View More Answers

1 Answer | Asked in Estate Planning and Civil Litigation for Ohio on
Q: What's the statute of limitations on retrieving a loved ones belongings given away by a significant other?

In 92 my dad got sick at another woman's home he had been cheating on his girlfriend with. His girlfriend in anger gave away or sold the things he treasured most. At the time I didn't know she had no right to give them away or sell them. The items were a 57 Cadillac eldorado convertible... Read more »

Aaron Epling
Aaron Epling answered on Mar 8, 2021

In theory...maybe. Practically speaking, this is going to be very difficult to do. You'll want a lawyer on this.

2 Answers | Asked in Estate Planning for Ohio on
Q: My Dad passed away and I am a beneficiary of his trust. I would like to know if this information below is even legal.

This information is in the trust. Is this even legal?

If the acting Trustee hereunder is either JOHN DOE or JANE DOE, then the beneficiaries hereunder shall have no claim against them, except for acts of intentional harm. If a claim is made, or complaint filed against JOHN DOE or JANE DOE,... Read more »

Aaron Epling
Aaron Epling answered on Mar 8, 2021

I'm not sure what you're asking. You should probably call an attorney in your area.

View More Answers

3 Answers | Asked in Probate for Ohio on
Q: In Feb 2021, I received a letter from a financial firm looking for relatives of an uncle who passed in 2015. What now?

My uncle passed in early 2015, divorced for decades with no children and no will. The only direct relatives left are a few cousins, of which I am one. The estate went to probate during that same year with all his assets liquidated to pay outstanding debts. The city took ownership of the house... Read more »

Aaron Epling
Aaron Epling answered on Mar 5, 2021

If its already been to probate, then it probably doesn't need to go again. This could be unclaimed funds. But, a court may still be needed to order who the funds are distributed to. This can get complicated. I suggest getting an attorney. If the statements are legit, you can certainly... Read more »

View More Answers

3 Answers | Asked in Probate for Ohio on
Q: My mom passed, only had joint checking with me, only adult child. Is probate needed? She has a small unsecured personal
Aaron Epling
Aaron Epling answered on Feb 9, 2021

I bet that you're good to go. Take the money from the account and don't talk to any creditors. Creditors can file a claim against the estate, but if the checking account had survivorship rights, then it's unlikely they will get anything. And, in my experience, unsecured creditors... Read more »

View More Answers

2 Answers | Asked in Estate Planning for Ohio on
Q: Parents died the contents of the home to the estate and the house to my brother can he move in prior to the estate sale?

Brother wants to move into parents house before the estate sale happens. Is that allowed?

Aaron Epling
Aaron Epling answered on Feb 8, 2021

It depends how title is being transferred...i.e. trust, transfer on death, or will. Generally, title to real estate vests in the heir upon the moment of death. If the will says that your brother gets the house, or if your brother is a beneficiary under a transfer on death instrument, then he may... Read more »

View More Answers

3 Answers | Asked in Estate Planning for Ohio on
Q: Can we buy our parents house for less than market value and not have a future reprisals?

We want to sell our house, buy my parents house at a lesser than market value, so we can move into the basement and give them the extra care they need. Will the state be able to come back on us and demand the rest of the money in the future? My parents are all for this and named the price he wanted... Read more »

Aaron Epling
Aaron Epling answered on Jan 25, 2021

Yes. The difference between the market value and the price you pay is considered a gift. If your parents need to go into a nursing home less than 5 years after the date that they made the gift to you, and if they want Medicaid to pay for it, then they may be disqualified for a period of time.... Read more »

View More Answers

2 Answers | Asked in Estate Planning, Landlord - Tenant and Foreclosure for Ohio on
Q: how to evict a family member who was only supposed to stay free for a couple nights and didnt leave?

my cousin asked for a place to stay, and he lost his job now hes staying here not paying rent although there is no rent agreement he was just supposed to stay a couple days and leave he kept procrastinating till he got mail here now hes using squatters rights on us so he dosent have to leave, how... Read more »

Aaron Epling
Aaron Epling answered on Jan 25, 2021

No good deed goes unpunished. You can evict him. Some courts have pretty good information for do-it-yourselfers...or you can get an attorney to make sure it's done as quickly as possible.

View More Answers

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 »

Aaron Epling
Aaron Epling answered on Jan 21, 2021

From a legal perspective, you don't owe your brother anything. If your father truly wanted your brother to inherit anything, then he should have named him as a beneficiary on the bank accounts and automobile. If he wanted your brother to get 1/3 of the 60k, then he should have had you sign a... Read more »

View More Answers

1 Answer | Asked in Probate for Ohio on
Q: Grandpa passed his wife is in control of everything but is in nursing home does her poa make all decisions for him

They have a will together. He just passed January 17 2021 with her being in nursing home we need her approval for everything. Her poa lives in Texas and flew in for a couple days. His (grandpa) daughters have been with him everyday. My question is does her poa have control of his matters

Aaron Epling
Aaron Epling answered on Jan 18, 2021

Her POA certainly does not have authority over Grandpa's estate. But, her POA would have control over anything that Grandpa left his wife. Grandpa's will may nominate an executor and the executor can handle his estate; or his next of kin if no will. You may need to speak to a probate lawyer.

1 Answer | Asked in Probate for Ohio on
Q: My father passed recently and I am an adult child born out of wedlock. Am I included in probate?

My Dad isn't named on my birth certificate. My siblings pretend I'm not alive and I would like to be able to have some of his personal things. Can I legally make them include me before they separate his belongings up amongst themselves? I'm not seeking financial gain just pictures,... Read more »

Aaron Epling
Aaron Epling answered on Jan 16, 2021

Your father's personal belongings pass to those named in his will. You don't have a claim to them if you're not named in his will. If he doesn't have a will, then it gets complicated as to whether you are entitled to part of his estate and you would need to have a conversation... Read more »

3 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Is there a penalty if no one steps up to go through probate court for someone who just passed away? There was no will.

The only asset was a bank account (no house, no car, no physical property of value) and the debts are known to be greater than the amount in the bank account and there was no will. There are younger adult children and they don't see the point in spending the time, money, and energy going to... Read more »

Aaron Epling
Aaron Epling answered on Dec 22, 2020

No!!! Don't give up. Ohio has a statute of limitations on claims against an estate. The person who paid the funeral or the next of kin could wait 6 months and get a court order to release the money. It is usually a fairly simple process. You could also get an attorney to do all of it for... Read more »

View More Answers

2 Answers | Asked in Estate Planning for Ohio on
Q: As a beneficiary I never receive any communication whatsoever from the Executrix of my fathers estate. What can I do?

The attorney for my Fathers estate claims that the executrix (my sister) does not need to communicate with me. The attorney said she only needs to communicate with him. I am being told nothing. What can I do about this?

Aaron Epling
Aaron Epling answered on Dec 21, 2020

If you have not received (or waived) notice of probate of the will, then you should probably get an attorney to notify the court. Your sister can be replaced for not sending out the proper notices.

View More Answers

2 Answers | Asked in Probate for Ohio on
Q: My fathers trust is sole beneficiary of his estate. So why would the attorney file my fathers estate in probate?
Aaron Epling
Aaron Epling answered on Dec 17, 2020

Probate is necessary to transfer title on an asset that was not put into the trust in advance. For example, an individual checking account could be re-titled into the trust or it could have the trust as a beneficiary. But, if neither of those options are done in advance, then probate is necessary... Read more »

View More Answers

3 Answers | Asked in Probate for Ohio on
Q: My father’s widow is stating he left no will and she’s not speaking to any of his family. What can I do?

My father married 1 month before he passed from cancer in OH. He was heavily medicated in the last few months of his life. The girlfriend has stated he left no will and refuses to speak with anyone in the family about his estate by saying that’s between her and her husband. I’m his child from a... Read more »

Aaron Epling
Aaron Epling answered on Dec 14, 2020

Aside from saying that "you need an attorney," depending on your father's county, you may have a mechanism to get access to information with very little burden and without opening probate. This is an age-old issue and the faster you move the better.

View More Answers

4 Answers | Asked in Probate for Ohio on
Q: Can you cash a check made out to estate without going through probate

The person has a small estate. And there was a small check from the nursing home made out to his estate for return of rent that he did not use because of death

Aaron Epling
Aaron Epling answered on Dec 13, 2020

The short answer is no. But if you are the beneficiary and you can convince a bank to cash it, then go for it.

View More Answers

5 Answers | Asked in Estate Planning for Ohio on
Q: My mother wants to protect the equity in her home from her debts when she passes. We live with her and take care of her.

What's the best way to keep the house when she dies?

Aaron Epling
Aaron Epling answered on Dec 9, 2020

She can largely protect the equity from non-mortgage debts by executing a transfer on death designation affidavit. Some exceptions exist. But, in practice, this would protect the house from credit card and medical debt.

View More Answers

2 Answers | Asked in Estate Planning, Family Law, Elder Law and Probate for Ohio on
Q: I am the co- owner of my mother's banking & checking account. Do I have to pay back my mother's estate ?

My sister placed my Mom into a nursing home in May of 2019 for dementia. And then she hired a guardian for my mom in June 2019. I have lived in my Mom's home from May 2019 until now. I have been the co-owner of my Mom's banking and checking account since April 5, 2015. And, I used the... Read more »

Aaron Epling
Aaron Epling answered on Dec 2, 2020

Interesting question. You certainly cannot be responsible for repaying any money that you spent on behalf of your mother for her expenses like medical expenses, nursing home bills, taxes, insurance, etc. One tricky question is whether you are liable to the estate for payments that you made to... Read more »

View More Answers

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: My mom died several months ago in Ohio,I know I am in the will, but I have not received anything from the executors.

What and when should I expect notification of my inheritance. Can I get a copy of the will?

Aaron Epling
Aaron Epling answered on Nov 27, 2020

No news is bad news. You need to communicate with the executor to see where the process is. The executor may be strategically waiting to open the estate. Or, there may be nothing going through probate, so it wouldn't matter what the will says. If the executor is being evasive (like... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.