Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Aaron Epling
2 Answers | Asked in Estate Planning, Collections and Probate for Ohio on
Q: Does my dad's life insurance policy have to go toward medical debt before being dispersed to beneficiary?

My dad passed away last summer. My sister (beneficiary) has been given a check from my father's life insurance policy and we are told the funds will be available in ~2 weeks. However, my dad has a high amount of medical debt left over. Is the life insurance money safe to be used or will... View More

Aaron Epling
Aaron Epling
answered on Feb 19, 2024

Your sister gets the money and isn't obligated to pay the bills.

View More Answers

1 Answer | Asked in Probate for Ohio on
Q: I have a question about a car title with rights of survivorship

My stepfather left me his vehicle before he passed but it is in his and my mother's name with the word and in between and wros at the end. She passed away before he did and he never changed the title to just his name but he signed his name before he passed. Was he supposed to sign her name to... View More

Aaron Epling
Aaron Epling
answered on Jan 26, 2024

Unless there's a beneficiary on the title, the car will have to be probated. Your stepfather's next of kin are entitled to the car. If they were all willing to assign their interest to you, then you could get the car.

2 Answers | Asked in Real Estate Law, Collections, Health Care Law and Probate for Ohio on
Q: Hello. I'm wondering is there a statute of limitations for a property title lein in the state of Ohio?

I have a property i recieved through probate that my parents once owned. I had to settle their debts first (tax lein and medicaid lein). Probate closed over a year ago but now I an finding out I have "encumbrances" attached to the title of my property. One in particular is from a nursing... View More

Aaron Epling
Aaron Epling
answered on Jan 12, 2024

I've never heard of anybody getting out of paying the Medicaid claim by waiting for the statute of limitations to run.

View More Answers

2 Answers | Asked in Contracts and Estate Planning for Ohio on
Q: What information is required of a person to be named a beneficiary, other than their name?

They live in Texas, are not related to me, and state their attorney requires certain information. I am concerned about a swindle. Are there any instances that require more information than a name? Will they need my SSN? Bank account info? Etc.?

Aaron Epling
Aaron Epling
answered on Jan 10, 2024

Some companies require a SSN for a beneficiary designation.

View More Answers

2 Answers | Asked in Probate for Ohio on
Q: If my parents passed away and the cars are in probate is it illegal to drive them if I am executor?
Aaron Epling
Aaron Epling
answered on Dec 11, 2023

The court-appointed fiduciary (executor/administrator) is not generally forbidden from driving a vehicle owned by the estate. However, you should make sure it is properly registered and has insurance.

View More Answers

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.

View More Answers

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.

View More Answers

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.

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

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.

View More Answers

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.

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

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.

View More Answers

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.

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

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.

View More Answers

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.

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.