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Questions Answered by Aaron Epling
1 Answer | Asked in Family Law, Adoption and Probate for Ohio on
Q: Request Order to Ohio Vital Statistics to obtain Original Birth Certifcate.

My son was adopted by his mother’s second husband changing his name and birth certificate.

My son has grown and his adoptive father has passed away. Son would like to have his birth certificate changed to have my name as his father. He has already changed his name back to what it was... View More

Aaron Epling
Aaron Epling
answered on Sep 18, 2023

Given these facts, I think any probate attorney may need to do some research to be truly confident as to the process needed to achieve the desired outcome. If changing the words on the certificate is truly the only desired outcome, then I'd start with the health department that issued the... View More

1 Answer | Asked in Probate for Ohio on
Q: Can I file in Cuyahoga County Probate Court if the decedent died as an inmate in an Oregon State Prison?

Is there a probate law that permits the filing of a probate administration in Ohio if all the decedent's assets are located in Ohio and the decedent was never domiciled in another State except as a prison inmate?

The decedent, a former resident of Cuyahoga County, traveled to Oregon... View More

Aaron Epling
Aaron Epling
answered on Aug 3, 2023

Interesting question. It all depends whether the decedent was a resident of Oregon. After a quick internet search, it seems there may be some authority for saying that a prisoner retains their pre-prison residency. The job of a lawyer is to do the necessary research to come to a conclusion on... View More

1 Answer | Asked in Probate for Ohio on
Q: Should I sign beneficiary paperwork if I plan on contesting the % since the POA changed them to better her position?

POA (stepmom) reduced mine & brothers %s by 20% each & increased hers by 40%. Dad had altzheimers & couldn’t have made the decision at the time it was changed. Poa had authority with restrictions to follow estate plan.

Aaron Epling
Aaron Epling
answered on May 8, 2023

Your attorney should be answering this question for you. That said, I would probably go ahead and take the lower percentage. Once the litigation begins, the company distributing the money may freeze the account. And, you may need the money to help pay for the costs of litigation. But, even if you... View More

1 Answer | Asked in Family Law and Probate for Ohio on
Q: My parents made changes to their will and signed and had this witnessed leaving me their house.

My parents made a change to their will leaving me their home. This was signed by them and had two witnesses. My parents died a few days apart from Covid. The probate judge has had their will for over 2 years and says he never seen this. Now my attorney has to file a case law. I’ve been living in... View More

Aaron Epling
Aaron Epling
answered on Mar 20, 2023

Even if the will says that you get the house, and assuming the house is going through probate, the judge can force the sale if the estate has creditors or other beneficiaries with interests that cannot be resolved without selling the house. I advise you to ask the attorney whether s/he represents... View More

1 Answer | Asked in Estate Planning for Ohio on
Q: Is there a law in any state that says I cannot receive gold jewelry as part of an inheritance?

I’m being told the jewelry must be melted and molded into gold bars and sold to a broker.

Aaron Epling
Aaron Epling
answered on Jan 17, 2023

I'm not aware of any reason why you couldn't receive your inheritance in kind; assuming the estate is solvent. If the executor won't work with you in a reasonable manner, then you probably need your own attorney.

1 Answer | Asked in Estate Planning and Family Law for Ohio on
Q: My papaw had a will drawn up before he was diagnosed with dementia, his wife then got a letter from their doctor saying

He was no longer competent my dad is his beneficiary to his will, my granny then made another will and is saying she gets all my papaws estate money & vehicles. Is my papaws will null and void now that she made another will for herself and my dad gets nothing?

Aaron Epling
Aaron Epling
answered on Jan 9, 2023

You must have "testamentary capacity" to execute a will. Testamentary capacity means that your Papaw does:

1. Understand the nature of the business in which he is engaged;

2. Comprehend generally the nature and extent of the property which constitutes his estate;...
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1 Answer | Asked in Estate Planning for Ohio on
Q: My mother's will designates that her house be sold and split amongst the 4 remaining children. Do we need to get a lawye

In order to sell the house its in Kentucky

Aaron Epling
Aaron Epling
answered on Dec 16, 2022

You're not required to have a lawyer. Whether you would be wise to hire one is a different issue. Whoever ends up acting as the executor/fiduciary could open themselves up to liability in a number of ways.

1 Answer | Asked in Probate for Ohio on
Q: TN resident questions regarding OH Probate

TN resident with all next of kin (NOK) in OH. One OH NOK passed away with a will completed/signed but unable to be witnessed. All surviving NOK were aware of this will and want to abide by their NOK wishes. TN NOK was sole beneficiary. Will OH probate accept this will as valid if all surviving... View More

Aaron Epling
Aaron Epling
answered on Nov 30, 2022

The will is invalid under OH law. Luckily, it seems like the family are all on the same page so the issue 'can' be resolved. I recommend finding a local attorney to help. You may need some waivers/disclaimers/deeds signed by the family. Use the Find A Lawyer tab above.

1 Answer | Asked in Elder Law and Probate for Ohio on
Q: Ward has full guardianship in MI, small Tribal stipend once a year, Need guardian of person and estate or both in OH?

Incapacitated Ward under Full guardianship (person/estate) in Michigan has been moved to Ohio nursing home long term care on full Medicaid/Medicare. I made the facility rep payee for SS check. Ward has one monthly bill, and basic needs/care (clothing, personal items) managed by guardianship now.... View More

Aaron Epling
Aaron Epling
answered on Nov 23, 2022

You may be required to 'transfer' the guardianship to the Ohio court. The Michigan court no longer has jurisdiction and may not be able to terminate the case unless it is being transferred. You bring up a couple other complicated issues. I recommend seeking counsel in the county in which... View More

1 Answer | Asked in Probate for Ohio on
Q: Can a POA / executor move everything into their name to avoid paying beneficiaries and medical bills in Ohio?

My father made my brother medical and financial power of attorney as well as executor of his estate. Before he died, Dad was in a nursing facility for nearly a year, and my brother drained all his accounts, paid off the house and then transferred it into his name. My brother also spent some of my... View More

Aaron Epling
Aaron Epling
answered on Oct 10, 2022

If he presents the will to the probate court, then the judge is not going to approve a final account unless each beneficiary of the will gets his/her share.

As to assets that were transferred prior to death, this is probably theft or breach of fiduciary duty. Your stepbrother needs a lawyer...
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1 Answer | Asked in Estate Planning for Ohio on
Q: In OH, can a Trustee condition receiving a Receipt & Release from beneficiaries prior to final Estate distribution?
Aaron Epling
Aaron Epling
answered on Sep 26, 2022

R.C. 5808.17(C): A release by a beneficiary of a trustee from liability for breach of trust is invalid to the extent that it was induced by improper conduct of the trustee or that the beneficiary, at the time of the release, did not know of the beneficiary's rights or of the material facts... View More

1 Answer | Asked in Probate for Ohio on
Q: I have been named as the trustee in my brother's 2008 Ohio will. He and his wife divorced in 2020. He passed last week.

My brother died last week. We though he had no will. We found one today. His only son, my nephew is 16 and the will states that he leaves everything to him. His ex-wife has hired an attorney. My brother left his son some jewelry and some silver coins. His home loan was maxed out and the house needs... View More

Aaron Epling
Aaron Epling
answered on Aug 22, 2022

Sorry for your loss. First, you are under no obligation to do anything. But, I would probably wait 6 months (the Ohio statute of limitations for unsecured creditor claims) and then file for a release from administration to transfer the automobile title to his son. And, yes, you may waive your right... View More

2 Answers | Asked in Estate Planning, Real Estate Law, Banking and Probate for Ohio on
Q: My wife is the sole heir to her Mom's house, We are planning on moving into it, There is a Mortgage owed.

We are going to pay it off but what rights are there to include her name on the loan so the bank will have to answer her questions and give her details. Her will states that all assets go to her once the estate is settled in October. I understand that the Garn-St. Germain act prevents them from... View More

Aaron Epling
Aaron Epling
answered on Aug 10, 2022

It is very likely that your mother-in-law's mortgage has an acceleration clause. This makes the entire balance due upon the death of the borrower. A surviving spouse has some rights with respect to assuming the loan. But, I'm not aware of any rights that a child has. In other words, you... View More

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2 Answers | Asked in Estate Planning for Ohio on
Q: My sister is in my mom's will to inherit the house. Can the bank take the house from her to pay off the mortgage?

My mother lives in Ohio and her will says that all debts should be paid on her death. Does this mean paying off the mortgage before my sister can have it?

Aaron Epling
Aaron Epling
answered on Jul 25, 2022

Your sister will inherit the house subject to the mortgage. The mortgage accelerates upon the death of your mother, so the entire balance will be due. If your sister doesn't want the bank to foreclose on the mortgage, she will need to find a way to pay off the mortgage.

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1 Answer | Asked in Estate Planning for Ohio on
Q: My mother passed away 10 years ago with no estate. Is it too late to be appointed representative to get her tax records?

She passed away with no estate or will and no one was ever appointed personal representative. I recently found out her employer owed her alot of money and I would like to look into it. What can i do? I would like to get her IRS transcripts before it's too late. They will only have her records... View More

Aaron Epling
Aaron Epling
answered on Jun 30, 2022

In Ohio, an administrator or executor could still be appointed and may have the authority to obtain records. Whether the IRS still has them is another issue. Also, the cost may outweigh any benefit. Even if you're digging for evidence to mount a lawsuit against an estate beneficiary, many... View More

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: How can i read someones will? My godfather always said that i was on his will but after he died his daughter say I’m not

He was from puerto rico

Aaron Epling
Aaron Epling
answered on Sep 7, 2023

Most jurisdictions don't allow godchildren standing to force the disclosure of the will. However, some jurisdictions (like Ohio) do penalize somebody who conceals a will. You probably need to speak to an attorney in PR.

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1 Answer | Asked in Probate for Ohio on
Q: Executor/successor trustee is maintaining accounts for own personal use, 18 months after closure of estate and more

than a year after trust settled. The trustee was an equal co-beneficiary. Has claimed that all accounts are closed. Respective attorneys apparently have accepted that assurance. Trustee has ignored repeated requests from fellow beneficiaries for closing statements - requests beginning more than... View More

Aaron Epling
Aaron Epling
answered on Aug 30, 2023

What is the issue here? Are you concerned that the trustee didn't distribute all the money? If so, this would be alarming. But, if you're concerned that the trustee has kept a checking account open after all money has been distributed, and is using the account for personal reasons, then... View More

1 Answer | Asked in Probate for Ohio on
Q: If my mom had a life insurance policy how would I find the company who holds it?

Mom died and family is engaging in probate fraud deception around it. Acting like they need me out of the way the wrangle something. How do I find these kinds of assets?

Aaron Epling
Aaron Epling
answered on Aug 7, 2023

There's no central database that I know of, so we take these on a case-by-case basis. But, you can do things, like forwarding mail, pulling tax returns, and pulling bank records, to help you along.

2 Answers | Asked in Probate for Ohio on
Q: My sister passed away in 2020. She had a large sum of money in the bank and no will. Is it too late for probate?

My sister passed away in 2020. She had money from a settlement in the bank. She had 3 children and no will. Is it too late to file with the probate courts for her children to get the money? Am I able to do it for them? I'm in the Akron area, but she lived in the Cincinnati area.

Aaron Epling
Aaron Epling
answered on Jul 14, 2023

It is not too late. Any Ohio resident can apply to the court to administer the estate. I recommend having the estate pay for an attorney.

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3 Answers | Asked in Probate for Ohio on
Q: What's after Judgment Entry Approving Inventory? And will there be another court date?

I have a lawyer but he has not responded to any of my messages since April. So I don't know what's going on.

Aaron Epling
Aaron Epling
answered on Jul 5, 2023

If your lawyer hasn't responded since April, you need a new lawyer. You shouldn't have to call several times over 3 months to get one response.

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