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Questions Answered by Paul Kellogg
2 Answers | Asked in Estate Planning for Ohio on
Q: My Mother and Father passed away with no will. How do we get the deed to the house in our name?

Do we have to do two separate probate cases to switch from joint to just Dad, then one to us? Or can it be done in one case.

Paul Kellogg
Paul Kellogg answered on Oct 19, 2020

You will have to check the deed to the property. If the house was titled in joint names with rights of survivorship, you will have one probate. If it was in joint names as tenants in common (no survivorship) you will have to probate the estate of the first spouse to die, and then probate the... Read more »

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2 Answers | Asked in Estate Planning for Ohio on
Q: My husband's aunt recently passed away and she had a pension but no spouse or children. Where does the money go?
Paul Kellogg
Paul Kellogg answered on Jul 14, 2020

In my experience, if it was a true pension (meaning it had a defined benefit) the pension ends upon her death. If it was an IRA or 401(k) retirement plan it will be paid the the name beneficiary, or if there is no beneficiary to her estate where it will be distributed as provided in her will or... Read more »

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1 Answer | Asked in Banking, Probate and Estate Planning for Ohio on
Q: Is you have a shared bank account with your wife can you leave the money in it to your kids in your will?

Your husband dies and in his will he left all the money in your shared savings account to his kids from a previous marriage. The savings account has all the money you need to live off of. Can the kids legally take all that money from you even tho that’s your money you have been saving? There is... Read more »

Paul Kellogg
Paul Kellogg answered on Jun 25, 2020

It is very settled law in Ohio that joint bank account passes to the surviving joint owner in the event of the death of the other co-owner. The account does not pass through probate and is not controlled by the terms of the will.

2 Answers | Asked in Probate for Ohio on
Q: My Grandpa's will states that he left me his house, can the executor take the house and sell it to pay his debts?

Can the house be taken and sold?

Paul Kellogg
Paul Kellogg answered on Jun 9, 2020

The short answer is yes. If there are not other assets in the estate that are sufficient to pay all the debts the house will need to be sold to pay the bills.

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3 Answers | Asked in Estate Planning for Ohio on
Q: My husband died. I need to live on money in 401k. What is considered his estate?

Selling house still owed to bank. Are my proceeds from that sale considered to be his estate?

Paul Kellogg
Paul Kellogg answered on Jun 2, 2020

As his spouse, his 401(k) should pass directly to you as the beneficiary. Federal law requires a spouse to be the beneficiary of their husband or wife's 401(k), unless you signed a waiver. If you owned the house as joint tenants with rights of survivorship, the house will automatically... Read more »

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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Question about Summary Release From Administration form and whether to check box

If my brother only had money in a bank account, do I check the first box about "The delivery to the applicant of decedent's personal property set forth in the application with the title to that property."? And if so, what title are they talking about? There is no title to money in... Read more »

Paul Kellogg
Paul Kellogg answered on Apr 6, 2020

They are referencing tangible personal property such as household items and his vehicle.

His bank account is listed at the bottom of Form 5.6 where the Entry provides instructions to financial institutions.

4 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Is it true that credit card debt doesn’t have to be paid if your loved one was the sole owner and doesn’t have assets?

My dad passed suddenly. He had life insurance and several pensions for my mother. He had no will. His car was surrendered and the remaining wiped. His student loans forgiven. I took care of all of this. He has simple credit card debt. The house is a survivorship deed and we have a small town... Read more »

Paul Kellogg
Paul Kellogg answered on Mar 31, 2020

Your attorney is correct. Unsecured creditors can only collect from your father's probate assets. If there are no probate assets the unsecured creditors are out of luck.

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2 Answers | Asked in Probate for Ohio on
Q: As executor for probating a will in Ohio, where is the best publication to notify potential debtees of decedent?
Paul Kellogg
Paul Kellogg answered on Mar 24, 2020

You are required to provide notice in a publication of general circulation in the county in which the estate is being administered. You would only do this for heirs that you cannot locate, as their is no obligation to notify most creditors.

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2 Answers | Asked in Probate for Ohio on
Q: Ohio my wife and I are listed on warranty deed to home valued at $195,000. She died. Must I probate home to remove her.

3 surviving children. No will. need to remove her name. House owned Free and Clear. She has no creditors and no other assets.

Paul Kellogg
Paul Kellogg answered on Feb 25, 2020

If you house it titled as joint tenants with rights of survivorship you don't need to probate the house. Check your deed to see if it has the words, "for their joint live with the remainder to the survivor of them." If the deed has that phrase, you can remove her name with an... Read more »

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2 Answers | Asked in Estate Planning for Ohio on
Q: How long does the executor of a will have to distribute cash assets to the beneficiaries?

Will was filed with the court on October 29th 2019

Paul Kellogg
Paul Kellogg answered on Feb 18, 2020

At a minimum the executor should wait 6 months from the date of death as that is the time creditors have to file claims against the estate. However, the time frame can vary greatly depending the size and complexity of the estate.

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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Please help, I am trying to keep my dads house out of probate after he dies.

I am the sole heiress, currently POA, his caregiver and will be executor. There is a mortgage and an equity loan not in my name but my parents. My mother is dead. Dad is alive by very sick. Both of their names are joint owners on the house title and the mortgage and equity loan. He has a registered... Read more »

Paul Kellogg
Paul Kellogg answered on Feb 18, 2020

You need to go see an attorney. You need to verify the house was joint with survivorship between your parents so it can be transferred out of your mom's name and into your father's name. If the house is not in survivorship between your parents you have a lot issues to work through. If... Read more »

4 Answers | Asked in Estate Planning for Ohio on
Q: How can I be sure my grandchildren get a certain percentage of my estate?

In my will, my two children will get 95% of my estate, and the remaining 5% will go to my four grandchildren. BUT, all my annuities, bank accounts, CDs, etc are POD to my two children. So how will my grandchildren get anything at all?

Paul Kellogg
Paul Kellogg answered on Jan 17, 2020

They won't. Your will does not control assets with beneficiary designations. You will need to trust your children to follow wishes, or revise your plan to provide for your grandchildren. If you are worried about probate you may want to consider a living trust.

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3 Answers | Asked in Probate for Ohio on
Q: Mother in law died last year & house transferred on death to her spouse. Spouse died in April & house transferred to my

Sister in law (SIL) who also was named sole heir in their wills. No other assets except small bank account less than $1000 which was joint with SIL & used to pay house related bills. No probate estate opened. SIL has sold house. Is she obligated to pay any of Spouse's medical bills with... Read more »

Paul Kellogg
Paul Kellogg answered on Jul 18, 2019

The only creditor who would be able to make a claim is Medicaid. All of the other creditors can only make claims against the probate estate by presenting their claims to an appointed executor or administrator. Since there is no probate estate the nursing home cannot collect from your sister in... Read more »

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