Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Aaron Epling
2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: My MIL died without a Will in Ohio. She owned her house out right. How can we transfer the title to her son?
Aaron Epling
Aaron Epling
answered on May 23, 2022

Yes. Depending on the county, go to the county probate court's website and look for forms for a "Real Estate Only" transfer. You can do this yourself with a little work.

View More Answers

1 Answer | Asked in Probate for Ohio on
Q: Can the executor of a will take all cash out of deceased accounts and not report it when filing will for probate.
Aaron Epling
Aaron Epling
answered on Apr 28, 2022

Depends. If the executor is also a joint owner or a beneficiary on those accounts, then YES. If the accounts are in the decedent's name and no beneficiary or joint owner exists, then NO.

2 Answers | Asked in Estate Planning for Ohio on
Q: In Ohio, can an out of state person be an executor of an estate? Also, what are waiver of notice probate of will docs?

I was told I could not be executor of my parents estate because I reside out of state. Is that a nice to have condition or a need to have requirement. Also, I was sent a waiver of notice of probate of will from my brother without explanation to sign. Why should I sign this document. Did not... Read more »

Aaron Epling
Aaron Epling
answered on Apr 20, 2022

If your parents named you as executor in their wills, then you probably can act as executor. If they don't have wills, then you cannot. (R.C. 2109.21) It looks like your brother is moving forward with opening the estate. If this is something you would rather do, then you better get an... Read more »

View More Answers

2 Answers | Asked in Estate Planning for Ohio on
Q: what does it mean on my parents durable power of attorney 'jointly but not severally'
Aaron Epling
Aaron Epling
answered on Apr 19, 2022

Depends where it's written. If it's giving power to multiple people, then they may have to act in unison, rather than independently.

View More Answers

1 Answer | Asked in Probate for Ohio on
Q: How to get access to safe deposit box of deceased mother?

What do I need to do legally to access the safe deposit box of my mother, who lived and died in New York, but apparently still has a safe deposit box in her name in Ohio? She died 15 years ago, I am only surviving family member. There was no will and no assets beyond funeral expenses.

Aaron Epling
Aaron Epling
answered on Apr 19, 2022

You may have to open probate in New York to get an executor appointed who would have authority to go to the bank and remove the assets. If you just want to find out whether anything is in the safe deposit box, then Ohio has a mechanism to allow access for the purposes of creating an inventory of... Read more »

1 Answer | Asked in Probate for Ohio on
Q: What exactly is. Ohio Uniform Principal and Income Act, O.R.C. 5812
Aaron Epling
Aaron Epling
answered on Mar 28, 2022

Try here:

https://www.ohioprobatelawyer.com/trusts/2018/07/27/difference-between-taxable-income-and-accounting-income/#:~:text=Ohio%2C%20like%20most%20states%2C%20has%20adopted%20the%20Uniform,on%20accounting%20income%20are%20also%20allocated%20to%20income.

3 Answers | Asked in Estate Planning and Real Estate Law for Ohio on
Q: My brother and I who are both veterans are getting ready to buy a home together... i have been his caregiver for over 40

years. And am also over his healthcare. We plan on holding our property undivided half interest, fee simple, with right of survivorship... now our sister has a power of attorney he granted her about 12 years ago. Will she be able to sell his interest or otherwise intervene in our property?

Aaron Epling
Aaron Epling
answered on Mar 28, 2022

Yes! She can sell his interest in the house. That's what a POA is for. I suggest getting a new POA that specifically revokes the prior POA and recording it in the county in which the house sits. This will show up in a title search if the sister later tries to use her POA to sell the house.

View More Answers

2 Answers | Asked in Probate for Ohio on
Q: Do I have any rights to my deceased grandmother's condo? My uncle is trying to sell it while I'm living in it.

I have been living with my grandmother for the last year as her caregiver. Her will left everything to one of my two uncles, but he doesn't want anything because he receives social security and doesn't want to jeopardize it. My uncle who is trying to kick me out and sell the condo... Read more »

Aaron Epling
Aaron Epling
answered on Mar 4, 2022

You could file a claim against her estate within 6 months of the date of death for payment as a caregiver if you had an agreement to receive payment. Otherwise, your uncle now owns the condo and has the right to sell it.

View More Answers

1 Answer | Asked in Probate for Ohio on
Q: How does one notify probate court of a new estate account after inventory approval
Aaron Epling
Aaron Epling
answered on Feb 18, 2022

It depends on the court. Some courts will allow you to file a "Newly Discovered Assets" form. Others may make you amend the inventory. The clerk should be able to tell you what their requirements are for new assets.

2 Answers | Asked in Estate Planning, Family Law and Elder Law for Ohio on
Q: Can my stepmom make me POA for my dad?

They are both in assisted living, he has dementia and she is slipping. She has assigned a medical POA for herself and has an attorney taking care of her financial assets, which pays for my dad's care (they both own separate properties). My dad does not have a POA assigned for him. Can she sign... Read more »

Aaron Epling
Aaron Epling
answered on Feb 11, 2022

Only your father could name an agent under a power of attorney. If he is incompetent, then he cannot sign a power of attorney and guardianship may be the only option. Keep in mind, though, that people with dementia can have the capacity to sign a power of attorney. Good luck!

View More Answers

2 Answers | Asked in Estate Planning for Ohio on
Q: Are there fees to read a trust?
Aaron Epling
Aaron Epling
answered on Feb 9, 2022

"A lawyer’s time and advice are his stock in trade." -Abraham Lincoln

View More Answers

1 Answer | Asked in Estate Planning for Ohio on
Q: As the Successor trustee to a Revocable Trust, all assets are distributed, the balance is zero. What is my next step?
Aaron Epling
Aaron Epling
answered on Jan 25, 2022

Assuming assets were properly distributed, does the trust need to file a tax return? If not, then you may be finished. I'd send a letter to the beneficiaries indicating that the trust has been wrapped up.

2 Answers | Asked in Estate Planning for Ohio on
Q: My mom passed in 2018. Can I get the money left in the bank
Aaron Epling
Aaron Epling
answered on Jan 25, 2022

I agree with the first answer. Additionally, Ohio law has an "express lane" through probate if the account is under $35k called "release from administration." Some people do this on their own. Some hire attorneys.

View More Answers

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: I want to know can someone be named the next of kin if they have blood relatives that are still alive?

My aunt passed away, and she doesn’t have any children, she was divorced, and her parents have passed on. I assumed that the next of kin would be the next blood relative, which would be my mother, because my mother is the oldest sibling. The hospital that my aunt passed at stated that another... Read more »

Aaron Epling
Aaron Epling
answered on Jan 7, 2022

Your aunt's biological sibling(s) are the next of kin. The next of kin have authority to plan funeral arrangements.

View More Answers

2 Answers | Asked in Probate for Ohio on
Q: My husband passed away 12/2021. I am named beneficiary in the Will. Do I need to go to probate court?

also as a family we have 5 cars and 1 boat all of which where in his name. can I transfer titles with out probate court

Aaron Epling
Aaron Epling
answered on Jan 6, 2022

Take the titles to the automobile title office. They can transfer some or all. If they can't transfer all, then find an attorney.

View More Answers

1 Answer | Asked in Probate for Ohio on
Q: If one files a Will under full admin. probate then learns the estate actually qualifies for small estate can you refile.

submitted application under Full Administration because The Court Clerk notify me the system was advising people to use E-File system. They required you to file 4.0 in Cuyahoga County if you have a Will naming you the executor.

Aaron Epling
Aaron Epling
answered on Nov 9, 2021

If you have been appointed executor/administrator, then I believe you'll have to complete the administration by filing a certificate of termination or final account.

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Business Law for Ohio on
Q: My wife owned a cemetery plot and passed without a will. Does it go to me?

My wife owned a cemetery plot and passed without a will. She had three children from a previous marriage but paid for the plot while we were married. As her next of kin, do I now own that plot?

Aaron Epling
Aaron Epling
answered on Nov 1, 2021

Call the cemetery and ask them. Sometimes, cemetery plots will pass under cemetery rules. Even if it has to go through probate, you will probably be able to get it.

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Mom died with no will younger brother won’t fill out bond paperwork. Are there other options for an executor?

Can older sibling and I ask for a neutral executor since younger brother won’t fill out and file bond paperwork?

Aaron Epling
Aaron Epling
answered on Oct 20, 2021

You don't even need a neutral executor. You should just apply to administer the estate. This will force your younger brother to act and, if he doesn't, then you can act as administrator.

View More Answers

2 Answers | Asked in Estate Planning, Family Law and Landlord - Tenant for Ohio on
Q: So my stepgrandmother got the property when my grandfather died and my dad has been living there for over 30 years

Now she is trying to kick them out because they are only the step kids but my grandpa's wishes was for them to stay on the property and it be divided between the kids after she dies but she's trying to kick them out is there something he can do

Aaron Epling
Aaron Epling
answered on Oct 19, 2021

Very sorry to hear about this. I suspect your grandfather did not give legal effect to his intent, so your options are limited. It's worth talking to an attorney about, but you should keep your expectations low.

View More Answers

2 Answers | Asked in Probate for Ohio on
Q: My brother died without a proper will and his assets are very small. Can we settle his small estate without a lawyer?

He has a small house. 2 children who loathe each other.

Aaron Epling
Aaron Epling
answered on Oct 5, 2021

If the two children don't like one another, then you should get an administrator appointed to sell the house and split the proceeds. Are you (the administrator) required to have an attorney? No. Should you? Unless you are a probate attorney in Ohio, then yes. The beneficiaries could sue you if... Read more »

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.