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Questions Answered by Aaron Epling
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.

2 Answers | Asked in Probate for Ohio on
Q: Ohio resident dies intestate/no will

Ohio resident had no spouse or children. Resident's parents are deceased and has siblings. One sibling legally disclaims entire estate. Do the children of the disclaimed sibling have a legal claim or would the entire estate go to the remaining siblings of the deceased?

Aaron Epling
Aaron Epling
answered on Mar 29, 2023

Without doing any research on this, I will add that it is possible for a disclaimer to result in the disclaimant being considered 'predeceased' and that may result in their children inheriting. Of course, it could be setup another way depending on the instrument used. Details and... View More

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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: My grandmother passed away end of Oct. I was labeled as a beneficiary. House sold beginning of march. How long till paid

Thank you

Aaron Epling
Aaron Epling
answered on Mar 23, 2023

If there aren't any other assets or creditors, then maybe pretty soon. But, it's not unusual for payout to take a while if tax returns need filed, other assets need dealt with, or creditors need paid.

1 Answer | Asked in Estate Planning for Ohio on
Q: My wife and I own our home. Survivorship deed. What should we execute to state our wishes for beneficiaries if the other

Dies, understanding that we may each pick someone different. (Would we each do our own TOD? (Wanting to avoid probate).

Aaron Epling
Aaron Epling
answered on Mar 20, 2023

A single TOD affidavit will allow the property to avoid probate. But, it will also allow the survivor to change the plan. If you want to lock in a plan, then you need to talk to an attorney about your options.

2 Answers | Asked in Elder Law and Estate Planning for Ohio on
Q: My mother is going into long term care, has Medicaid, going to sell her home. Does all that money go to Medicaid?

She had Medicare and Medicaid also has disability income and widowers support. Should I seek out a lawyer or go ahead and sell.

Aaron Epling
Aaron Epling
answered on Mar 13, 2023

You need an Elder Law attorney ASAP.

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2 Answers | Asked in Probate for Ohio on
Q: I have 1 small check made out to estate of my mom that I forgot about and closed my mom's checking acct. How can I

Close her estate without going through lengthy process to cash small check?

Aaron Epling
Aaron Epling
answered on Mar 13, 2023

Mr. Popp is correct. Additionally, and again depending on the circumstances, your attorney may be able to deposit the check into their IOLTA (client trust) account and then distribute the money to you.

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2 Answers | Asked in Probate for Ohio on
Q: What happens when a surviving spouse dies and assets are found from deceased spouse.

Hello my mother was a surviving widow and has now passed away. She died with a will, and left everything to her surviving children. Financial assets have been discovered from my dad who died prior to my mom and without a will. He had other children from (previous marriage) and not all of us... View More

Aaron Epling
Aaron Epling
answered on Mar 7, 2023

This is probably a two-step process. You need to probate your dad's estate and distribute under intestacy. Then, probate your mom's estate and distribute her share of the financial assets under her will.

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2 Answers | Asked in Probate for Ohio on
Q: Question about my parents estate

Hi, I have a situation where both of my parents (whom were married)are deceased. There are 3 children but I am my father's only biological child. My brother and sister are not my father's bio children nor were they ever formally adopted. Recently, I was contacted by a company that finds... View More

Aaron Epling
Aaron Epling
answered on Mar 6, 2023

Most likely the stock will go to the beneficiary named under his will, or by intestacy if he didn't have a will. A few other things could be really important. Contact an attorney for this one. You're going to need to open probate at a minimum.

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1 Answer | Asked in Probate for Ohio on
Q: Can I go to my local bmv and file a paper to transfer title and register my motorcycle in my name?
Aaron Epling
Aaron Epling
answered on Feb 20, 2023

This depends who it is currently titled to. Please advise.

1 Answer | Asked in Real Estate Law and Probate for Ohio on
Q: I am married. We bought a home while married. Only his name was put on deed. What are my rights ? I want on deed

Attorney did this against our will. Said the grantor requested only his name be put on. Is that legal? This has caused major issues amongst the family. We paid for the house over 8 years paid cash to his mom. It was a quit claim deed. My name should of been put on right beside his at the same time.... View More

Aaron Epling
Aaron Epling
answered on Jan 27, 2023

He can quitclaim deed the property from himself to both of you with survivorship rights. If he's not willing to sign a quitclaim deed, then it gets more complicated.

2 Answers | Asked in Estate Planning and Family Law for Ohio on
Q: I would like to know how to revoke a power of attorney. My mother is competent, and wants POA moved to me.
Aaron Epling
Aaron Epling
answered on Jan 25, 2023

The most common way is for her to sign a new POA that includes language revoking any prior POA. You may want to consider recording the new POA as well.

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1 Answer | Asked in Estate Planning, Family Law, Foreclosure and Personal Injury for Ohio on
Q: Is the surviving male child of the decedent's deceased brother's deceased daughter referred to as the Great Grand Nephew
Aaron Epling
Aaron Epling
answered on Jan 17, 2023

I'll refer you to the table of consanguinity.

https://heirsearch.com/wp-content/uploads/2019/06/consanguinity_chart_web.pdf

2 Answers | Asked in Contracts, Estate Planning, Real Estate Law and Probate for Ohio on
Q: My grandmother gave her house to her first born grandchild without a will just word of mouth. My father was suppose to

Inherit some land but has passed away. The land would have gone to my mother who also passed away. My cousin wants my siblings and myself to sign a deed gift receipt so she can own the land free and clear (she said a surveyor determined the land my father would have received and her house have been... View More

Aaron Epling
Aaron Epling
answered on Nov 30, 2022

Land generally does not pass by word of mouth. If your cousin wants you to sign something, then you are probably entitled to a share of the house. Use Find A Lawyer above!

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1 Answer | Asked in Probate for Ohio on
Q: I am the administrator of an estate in ohio. Am I entitled to 1% of the un-probated investments that were Tod.

My attorney says ..because they in 2012 eliminated the estate tax in ohio…

No one gets 1% on non- probated property.

The non-probated property was worth over a million dollars( IRA and 401k passed directly to beneficiary’s.

The owner passed away in 2020

Aaron Epling
Aaron Epling
answered on Nov 14, 2022

Ohio Revised Code 2113.35(B):

"Executors and administrators also shall be allowed a fee of one per cent on the value of all property that is not subject to administration and that would have been includable for purposes of computing the Ohio estate tax, except joint and survivorship...
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