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

1 Answer | Asked in Probate for Ohio on
Q: What probate form In Medina County OH do I need to release a hold on my deceased mothers bank account holding $5,200.

The rep payee account, I was the fiduciary was put on hold upon death. I thought it had no funds in it so I transferred $4,000 into to it from my personal account to prevent checks written for my mothers bills from bouncing. So now the account has $5,200 in it and is $200 over the limit to release.

Aaron Epling
Aaron Epling answered on Nov 24, 2020

You can do a release, rather than a summary release, to get the entire $5,200 as long as you're the sole heir or you paid the funeral bill and it was over $5,200. Some counties make you wait 6 months from the date of death to file a release. Medina County has a release "packet" on... Read more »

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Ohio on
Q: Can I back out of estate contract?

Oct 29th: I entered a real-estate contract to purchase a house. the contract says to close on or before Nov 30th. (email)

Nov 16th: I did let my agent know that I'll be out of the town on Nov 25th for 7 days, and will try to close sooner (texting)

Nov 18th: I was cleared to... Read more »

Aaron Epling
Aaron Epling answered on Nov 23, 2020

If the seller can't close before Nov. 30th, then that is a breach of contract and you can terminate. They will likely ask you to sign an extension, but you aren't obligated to do so.

If the seller is able to close by then, you can still terminate the contract if you want. This...
Read more »

1 Answer | Asked in Estate Planning for Ohio on
Q: Even if the car was in his name and she wasn’t on the car and even if they didn’t live together

The car had to be worth like 20 then his life insurance then he had stuff like bank accounts and all that

Aaron Epling
Aaron Epling answered on Nov 19, 2020

Ohio law only cares if they were married at the time of his death.

1 Answer | Asked in Estate Planning for Ohio on
Q: My dad passed away but his wife took everything what can I do?

They didn’t live together and wasn’t together at the time of his death she took his car gave it to her son that’s not my dads son she wouldn’t release his personal items or anything what can we do this is in ohio

Aaron Epling
Aaron Epling answered on Nov 19, 2020

Ohio law tends to favor a surviving spouse. She can definitely transfer a car to herself as long as it's not worth too much. Regarding his personal items, it he didn't have a will then you may have a claim against her for a portion of the personal items. The problem is that the cost of... Read more »

4 Answers | Asked in Estate Planning for Ohio on
Q: How can I add on to my will. I want to clarify what is included with my house like my vehicles and tractor

I already gave my daughter her inheritance of 50 acres. My son gets the family house and 10 acres. My daughter is questioning whether he gets the contents of the house and vehicles and such. I want to add onto my will that my son gets all that.

Aaron Epling
Aaron Epling answered on Nov 14, 2020

If you already have a will, you can execute a codicil with the same formality that amends your existing will. Or, you can make a new will...which may be easier. I suggest being specific in the will and also communicating to your kids how this will play out. Knowing in advance can drastically... Read more »

View More Answers

1 Answer | Asked in Estate Planning for Ohio on
Q: My boyfriend passed away, I paid for the funeral, The family has not paid for anything and got everything, what do i do?

He did not have a will so the house we shared (i didn't want to live there after he passed) went to his dad/ brother along with all the vehicles and all his property. They also got the 401K and the money he had in the bank. I did get life insurance.

Aaron Epling
Aaron Epling answered on Nov 10, 2020

If your boyfriend's assets went through probate, then you may be able to get reimbursed for the funeral expenses. You should probably have an attorney check the house title to see whether the house has been probated. This would be a good indicator as to how the assets have been handled and... Read more »

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Ohio on
Q: My Dad is 89 years old and for the last 3 or 4 years he has been giving my brothers and mine Inheritances away to his

My Dad is 89 years old and for the last 3 or 4 years he has been giving my brothers and mine Inheritances away to his girlfriends kids, how can we stop this? My Dad telling me that we will not get anything or only get what he owe on. What can be done? My Dad lives in Ohio.

Aaron Epling
Aaron Epling answered on Nov 10, 2020

If he is incompetent, then you can apply to be his guardian and take control over his finances. You could also notify his bank that you believe he's incompetent or under undue influence. If he's competent and not under undue influence, then your options are very limited.

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... Read more »

Aaron Epling
Aaron Epling answered on Nov 9, 2020

She should take the money from the joint account. Keep the will in a safe place in case something comes up, but no need to probate it now.

View More Answers

2 Answers | Asked in Estate Planning and Real Estate Law for Ohio on
Q: My parents n siblings r all passed n the house is still n my dad's name. Can I sell it or what do I need to do
Aaron Epling
Aaron Epling answered on Nov 4, 2020

Assuming no will, title vests in the next of kin upon death and the county records can be updated to reflect this fact without probate. If there is a will, then the property will need probated.

View More Answers

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: How can I find my Dad's lawyer? My Dad had a will & at one time, I was the executrix but don't know if that change

My brother is keeping me from finding out anything and nothing has been filed in probate yet. He died on 10/21/2020

Aaron Epling
Aaron Epling answered on Nov 4, 2020

You need an attorney. This happens more often than you think and a number of factors can influence the strategy moving forward. For example, if no assets need to go through probate, then it doesn't matter as much. But, if a significant bank or investment account needs to go through probate,... Read more »

View More Answers

2 Answers | Asked in Probate for Ohio on
Q: Car stuck in probate how to get it

my situation is now that i’m older i’m trying to get the title of my grandfather’s classic car to restore it. problem is we have possession of the vehicle but no title. probate court was closed in 2010 any help would be great state ohio

Aaron Epling
Aaron Epling answered on Oct 26, 2020

Mr. Huddleston is right.

View More Answers

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.