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Questions Answered by Aaron Epling
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...
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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 »

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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.

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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.

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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 »

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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.

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1 Answer | Asked in Probate for Ohio on
Q: Can someone still continue being on probation for being an “unruly” child after the age of 18? If so , why?

My friend has been put on probation for being an “unruly child” , he wants to know if it’s possible to be still on probation after he turns 18 if he isn’t considered to be a child anymore ?

Aaron Epling
Aaron Epling answered on May 4, 2020

You should re-post this in another section. Maybe "Family Law"

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: Should I let my mom's 100 or so junk vehicles go through probate or should they be re-titled to her Trust?

My mom has roughly 100 non-running or junk vehicles that are titled either to her or one of her closed businesses. Before she passes, should I re-title them in the name of her Trust, or should I let them go through probate? The only value they will have to me is most likely scrap value.

Aaron Epling
Aaron Epling answered on May 4, 2020

You could put them in her trust. You could also put them in your name now. It just depends which is easier; especially when you consider that each title fee will be charged 100 times. I suggest doing something now rather than letting them go through probate.

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2 Answers | Asked in Estate Planning for Ohio on
Q: My mom passed away. The will states that my nephew can live there till he is 20. He is 12 now.

It states that my siblings and I are to be responsible for the insurance, taxes, and a small loan on the house until his 20th birthday. He gets to live there with my sister his mother rent free. Is this legal to do? Can I be forced to pay taxes, insurance and the note for 8 years or lose my... Read more »

Aaron Epling
Aaron Epling answered on May 4, 2020

You cannot be forced to pay taxes and insurance out of your pocket. The will could, however, provide that it be paid out of any inheritance that you would received. Also, if the house is to be given to you in 8 years, then it may be in your interest to make sure it doesn't fall into... Read more »

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2 Answers | Asked in Estate Planning for Ohio on
Q: Are Ohio dower-rights enough to protect me if I am not on the title of our new home?

I am concerned that our state's dower-rights are not enough to protect me in the event of divorce or death of a spouse if my name is not on title of our new home. Should we seek consultation from a real estate attorney to get something in writing to ensure I have equal ownership of the home in... Read more »

Aaron Epling
Aaron Epling answered on Apr 3, 2020

You can simply have the property deeded to both of you as joint owners and then the survivor owns the property outright. Dower is an antiquated concept (that Ohio still uses) that gives a surviving spouse a 1/3 life estate in the property owned by the deceased spouse. Not total ownership by any... Read more »

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1 Answer | Asked in Estate Planning and Family Law for Ohio on
Q: yes my dad has a settlement coming and he died 2012 so my brother and have to open a estate account

just my brother and I so will we have to split the settlement

Aaron Epling
Aaron Epling answered on Mar 20, 2020

I'm not sure what the question is, but any settlement payable to your father's estate will need deposited into an estate account. You won't be able to open an estate checking account without first opening probate. I suggest that you require the payments be made directly to the... Read more »

2 Answers | Asked in Probate for Ohio on
Q: We own property in OH, with other relative who refuses to file will. He is lawyer and is threatening to litigate us.

If we file a partition lawsuit- it has been 2 years, and he refuses to start probate, and is threatening to litigate us to death. He has also said that if we start a partition- and the property goes to auction, he will have a buddy buy it out cheap and cheat us. We would like to file to become... Read more »

Aaron Epling
Aaron Epling answered on Feb 25, 2020

I'm assuming from your question that you and at least one other person (the decedent who left a will) own the property. Filing a grievance is probably appropriate given these facts, but it doesn't solve your problem anytime soon. You could file an application to probate the will... Read more »

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1 Answer | Asked in Estate Planning, Family Law and Probate for Ohio on
Q: My aunt passed in 2017 in nj I live in OH I was the executor and no assets why did I get a treasury bill for 300k?

My aunt passed in 2017 in NJ I live in Ohio and was the executor to the estate. She did not have any assets other than a trailer that was sold and used to pay bills. 3 years later I get a bill from the NJ treasurers for an inheritance tax of 300k plus penalty and late fees. I didn’t receive an... Read more »

Aaron Epling
Aaron Epling answered on Feb 10, 2020

You probably need to talk to an attorney. This could be a scam or a mistake. If its a mistake, then you need to make sure you take care of it before the IRS begins to collect on your assets.

1 Answer | Asked in Estate Planning for Ohio on
Q: THE COST OF A SIMPLE WILL.
Aaron Epling
Aaron Epling answered on Feb 7, 2020

Good question. Most attorneys won't do a simple will without making sure that a POA is in place for medical and non-medical needs. To have an attorney look at your situation and draft new documents will probably cost at least $500. Of course, some attorneys charge $3,000 to $5,000; so it... Read more »

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