Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Aaron Epling
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.

Aaron Epling
Aaron Epling
answered on Mar 27, 2024

You should ask the executor or administrator. If the attorney is acting as executor or administrator, then they have a duty to keep you informed. If you're dealing with unclaimed funds, then any delays could be justified.

View More Answers

3 Answers | Asked in Probate for Ohio on
Q: I am listed as beneficiary on my father’s will. It by name excludes my sister. Should I be concerned about her contestin

The will excludes her by name. She says dad told her that she would be taken care of. She claims she is getting an attorney. He has passed away.

Aaron Epling
Aaron Epling
answered on Feb 14, 2024

Assuming your father is still alive, he could communicate with her his wishes and this would reduce the risk of litigation. He could also initiate ante-mortem probate to make sure the will gets admitted while he's alive. If she's getting an attorney, then you probably need to speak to one as well.

View More Answers

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: If an executor is on a bank account does that make the money theirs or does that money get considered in the will?

The will states any money in the bank or deposits on hold shall be divided.

Aaron Epling
Aaron Epling
answered on Dec 18, 2023

"on the bank account" is a bit vague. If the person named as executor was a beneficiary or a joint owner of the account, then that money is theirs, it's not subject to probate or the will, and they don't have any obligation to share it. If the executor has a bank account titled... View More

View More Answers

1 Answer | Asked in Elder Law and Estate Planning for Ohio on
Q: My wife and myself had “Durable General Power of Attorney”, “Appointment of Health Care Representative”, “Living Will…….

..Declaration”, and “Last Will and Testament” documents created in 2007 while residing in South Bend, IN. Since then we have changed residency to West Chester, OH. Are we required to update/modify these document to our change of residency?

Aaron Epling
Aaron Epling
answered on Oct 30, 2023

Under the US constitution, those documents are enforceable in all other 49 states. However, some documents (particularly the healthcare directives) should be looked at. In Ohio, most attorneys use forms approved by the Ohio State Medical Association and that's what most healthcare providers... View More

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;...
View More

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 Estate Planning for Ohio on
Q: Does dower rights come into play with a divorce and inheritance property in another state?

Spouse doesn't have access to inheritance property which is a rental in another state. Spouse doesn't have access to rental bank account. Spouse is not on the deed.

Does a Trust have to be created in the state where you reside?

Aaron Epling
Aaron Epling
answered on Apr 16, 2024

You need to speak to a divorce attorney to discuss your rights.

1 Answer | Asked in Probate for Ohio on
Q: Do you all handle any probate issues, next of kin is a 7 year old being fought by deceased half sister?

My fiancé of 7+ years and I have one son together it’s his only child he is only 7 we have lived together the majority of those years and everything we have was in his name he had a heart attack and passed away and now unfortunately my fiancés half sister wants to fight over property and... View More

Aaron Epling
Aaron Epling
answered on Apr 15, 2024

All his assets go to his child. You better find a way to get an attorney. His stepsister isn't entitled to anything here.

1 Answer | Asked in Estate Planning for Ohio on
Q: May I use a TOD affidavit to transfer a life estate to a current spouse on a solely owned property?

She is my 2nd wife. After her death, I would like the remainder interest to pass to my biological children, not hers.

Aaron Epling
Aaron Epling
answered on Mar 11, 2024

I believe that you may use a TOD affidavit to transfer a life estate to one person and the remainder to another person(s). See R.C. 5302.23(6).

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

Aaron Epling
Aaron Epling
answered on Mar 7, 2024

This may qualify for a release (an expedited probate process). In Franklin County, the court provides legal services to the public to help people with these cases and I believe it doesn't cost you anything. Call them at 614-525-3891 or 614-525-3894.

View More Answers

1 Answer | Asked in Probate for Ohio on
Q: Hello, My son recently passed away without a will and we need to start probate. What are the first steps?

He was not married but had a partner of 12 years. They have an 11 year old son. We are just not sure where to turn.

Aaron Epling
Aaron Epling
answered on Feb 23, 2024

The son will probably inherit any probate assets. You should probably talk to an attorney to make sure the interests of the son are secured and protected.

1 Answer | Asked in Probate for Ohio on
Q: Documents were falsified after my father died this year. I have since been cut out of all my father’s assets.

My step mom claimed she was my biological mother on court documents so that she would not have to share his assets with me. She then claimed he had no belongings so that she could avoid probate court entirely. What she did claim he had was only $4,000 worth. I would like to know if I have any... View More

Aaron Epling
Aaron Epling
answered on Feb 22, 2024

Fraud can be reported to the court. I recommend having an attorney. The cost/benefit analysis is always important here because it costs money and time to convince the court that a fraud occurred.

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Sister was removed as guardian d/t malfeasance. Can our family forgo guardianship and return to my power of attorney?

My sister was removed as guardian recently. I was the power of attorney before her guardianship. We have had many issues with the courts and feel it is too expensive and time consuming. Is it possible to re-enact the power of attorney document or should I apply for guardianship?

Aaron Epling
Aaron Epling
answered on Feb 21, 2024

If the POA is durable, then you may be able to terminate the guardianship due to there being a less restrictive alternative available. I recommend asking your attorney about this.

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.