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Questions Answered by Aaron Epling
1 Answer | Asked in Estate Planning and Elder Law for Ohio on
Q: 80 yr. old, on Medcaid and in nursng home. No income/assets. I need a letter to send to the credit cards. Please share

I need a template Judgement Proof Letter for credit debt. No estate and no assets.

Aaron Epling
Aaron Epling
answered on Dec 11, 2023

Why do you need to send them a letter?

2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Ohio on
Q: What type of lawyer is estate and tax ? A beneficiary of a grantor trust for page 41 1041 instructions explain W9

We do not get income Bank ignores

Grantor trust and w9 requestor instruction

The IRS will send you a notice if the payee's name and TIN on the information return you filed do not match the IRS's records. (See Taxpayer Identification Number (TIN) Matching, next.) If you... View More

Aaron Epling
Aaron Epling
answered on Dec 7, 2023

I too am confused by the question. You need to talk to a CPA if you're having difficulty filling out tax returns. A tax lawyer can probably help too, but the CPA won't cost as much.

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1 Answer | Asked in Estate Planning for Ohio on
Q: Can a trustee of a Ohio irrevocable trust be replaced without their knowledge even by grantor? If so by who?

I was removed from Mother's trust as trustee to a beneficiary without any knowledge. Mother cannot or will not give information if she is aware of what's happening. A previous beneficiary is now Trustee.

Aaron Epling
Aaron Epling
answered on Nov 27, 2023

Read the trust instrument first. If there's no mechanism to remove the trustee in the trust instrument, then you need to look to title 58 of the Ohio Revised Code for authority. I think you would be wise to buy an hour of time with an attorney to discuss this.

2 Answers | Asked in Estate Planning, Family Law and Probate for Ohio on
Q: Guardianship of a minor and estate if one parent died, and the other lived I can't see the whole case? Court has no info

My dad died when I was a month old. His wife, my mom lived. In the county court there is no information at all except guardianship of a minor and estate but that is all it says. He was the incorporator and he started a business that is extremely successful today and ran by my mom's family. My... View More

Aaron Epling
Aaron Epling
answered on Nov 21, 2023

You need to talk to a local attorney for help. I recommend Trent Stover in Sidney, OH.

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1 Answer | Asked in Family Law, Foreclosure, Real Estate Law and Probate for Ohio on
Q: Can I sue the co-owner of a property for refusing to sell now that the property has been reverted to beneficiary?

Family member passed away and we inherited a percentage of this property. Other family member who inherited percentage of the property was living in it and refused to move or sell the house when we had a buyer. The property was foreclosed on because they did not pay the mortgage. Property went to... View More

Aaron Epling
Aaron Epling
answered on Nov 1, 2023

You probably need to file a partition action to force the sale. Except, the mortgage company may beat you to forcing another sale. A partition action can take months (or years) before you reach the end. I recommend you find a real estate attorney to advise you what your rights are.

2 Answers | Asked in Estate Planning, Family Law and Probate for Ohio on
Q: My grandmother died and still had my dad who passed away listed in her will. Will I inherit his share of inheritance?

Will his share be divided between his other siblings? Since they are also listed on the will. I’ve seen mixed answers online.

Aaron Epling
Aaron Epling
answered on Oct 18, 2023

The language of the will is critical here. Does it address a predeceased child? If not, then R.C. 2107.52 will apply.

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1 Answer | Asked in Foreclosure and Probate for Ohio on
Q: My brother named me as trustee of his estate. Am I required to act as his trustee or responsible for any of his debts?

His house is being foreclosed on. I have no interest in his estate. He is divorced so neither does his ex-wife and his only son is a minor. His mortgage company and the county court keep sending me foreclosure documents and demand payment of his mortgage. I sent his son's attorney a letter... View More

Aaron Epling
Aaron Epling
answered on Oct 17, 2023

You are not required to accept the duties and obligations of trustee. To the extent that you have accepted the duties and wish to resign, I recommend obtaining counsel.

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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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: What's the next steps after Judgment Entry Approving Inventory
Aaron Epling
Aaron Epling
answered on Jun 28, 2023

Generally, you need to pay the administrative costs, creditors, taxes, and beneficiaries, and then file a final account. Be careful...you could be personally liable if you don't do it right.

1 Answer | Asked in Probate for Ohio on
Q: Hi I’m trying to finalize my mothers probate estate paperwork and im getting told this is to messy. I need help please!

I’ve went through all the steps did all the foot work now it won’t be accepted and other than it’s messy idk where to go for help. I just want this to be over !

Aaron Epling
Aaron Epling
answered on Jun 26, 2023

I understand your frustration. The best way to get it over is to hire an attorney to help file the final account. This can help get it over with and also help make sure you don't run into any problems in the future. See the Find A Lawyer tab.

2 Answers | Asked in Probate for Ohio on
Q: When a estate is in probate.And the date has passed for any creditors to make a claim.Can the executor distribute funds
Aaron Epling
Aaron Epling
answered on Jun 14, 2023

If your thought is that you want to push the executor to hurry up and close the case, that isn't likely to happen. The courts generally defer to the executor's judgment as to when to wrap it up and make a distribution.

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1 Answer | Asked in Probate for Ohio on
Q: How do you do a transfer on death in Ohio if the person is already dead he told his girlfriend to start it but he died

I am talking about my dad he had a will when him and my mom were together but they're divorced so the will doesn't state any items specifically just said it would go to me and my brothers

Aaron Epling
Aaron Epling
answered on May 24, 2023

The will probably results in you and your sibling(s) getting the house. A transfer on death affidavit must be recorded prior to death to be enforceable. If you're in Central Ohio, I'd be happy to look at it for you.

1 Answer | Asked in Probate for Ohio on
Q: The case number that I have received on my documents does not show up in the public access records. It’s a 2023 case

Was started in march im just wondering what is the reason a case number wouldn’t show up on the county website? For probate hearing.

Aaron Epling
Aaron Epling
answered on May 18, 2023

Depends on the court and the formatting requirements. Try searching by name instead of case number.

1 Answer | Asked in Probate for Ohio on
Q: Does a probate attorney notify beneficiaries of final court closings on a estate?

After signing notice of appraisal, to only be informed at final disposition.

Aaron Epling
Aaron Epling
answered on May 1, 2023

As a beneficiary, you are entitled to notice of the various stages of the case. You may also waive your right to those notices...and this is commonly done. If you have a copy of every document you signed, look them over.

1 Answer | Asked in Probate for Ohio on
Q: I paid my step mother for the difference of my father’s funeral, can I have her contact information removed and mine add
Aaron Epling
Aaron Epling
answered on Apr 21, 2023

Not sure what you're asking about. I'm in Columbus. Feel free to call.

1 Answer | Asked in Probate for Ohio on
Q: Best probate option when siblings agree and parent only owns an older double wide and a truck that needs junked?

Our father passed away without a will. My sister and I agree on everything. The double wide is only worth about $20,000 and truck junk price. We still do owe $6500 on funeral costs and he was on Medicaid for 3 months in the nursing home.

Aaron Epling
Aaron Epling
answered on Apr 19, 2023

Medicaid could have an interest in the estate. But, you should be able to get paid the funeral costs back at a minimum. Give us a call and we can help.

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