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Questions Answered by Mary Ellen Leslie Esq.
1 Answer | Asked in Elder Law for Ohio on
Q: I own my home, I filed a paper of transfer the ownership to my husband upon my death.

I worked n a nursing home 26 years, no thank you. It looks like hospice for me, we have wills and living wills. He has Tricare for life and so do I. He is my sponsor, I have no children and my two sisters have their own issues and are well off. What else do I have to do to keep me at home. I have... Read more »

Mary Ellen Leslie Esq.
Mary Ellen Leslie Esq. answered on Mar 16, 2020

If your deed is a "joint with right of survival" deed with your husband, h the ownership will transfer to him upon your death. If you have to go into a nursing home, on Medicaid, your home would be a "protected asset" so long as your husband continued to live there. Whoever is named as an agent on... Read more »

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Can an executor of the estate sell the house of the deceased without filing the will in Probate Court?

My Aunt wants to sell the house that my Mom lives in ASAP. She wants to evict her and sell my grandmother's house. I have inquired about this and still have more questions about it. I know from my inquiry, that the will hasn't been processed in Probate Court and the house is still in my... Read more »

Mary Ellen Leslie Esq.
Mary Ellen Leslie Esq. answered on Mar 12, 2020

It would depend upon who is the owner of the property. If your grandmother has no ownership interest in the property, then it would not have to pass through probate. Was you grandfather's estate probated, because your grandmother would have been able to assert her spousal interest at that time.

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1 Answer | Asked in Estate Planning and Elder Law for Ohio on
Q: Does Medicaid have interest or look back in the people in your household.

My older brother early 50's receive Medicaid do to stroke, aneurysm etc. I turned in his renewal forms. I'm his unofficial caregiver so i get Medicaid also. What I'd like to know is would Medicaid look back through my back account too? I have a savings not much but a few k I inherited and a... Read more »

Mary Ellen Leslie Esq.
Mary Ellen Leslie Esq. answered on Mar 3, 2020

Everyone who receives Medicaid will have their finances renewed annually. With the exception of spouses, each individual is reviewed individually, so your finances would not be considered in a review of your brother’s.

2 Answers | Asked in Probate for Ohio on
Q: What can a family member do to get a Will probated when another family member insists there isn’t one?

The son has the Will but is insisting there isn’t one because he doesn’t want one of his sister’s to receive anything. This sister has a copy of the will and names the son the executor with all remaining assets from estate, once everything has been paid to be divided equally amongst the 3... Read more »

Mary Ellen Leslie Esq.
Mary Ellen Leslie Esq. answered on Feb 28, 2020

I would suggest presenting the copy of the will to be admitted, with an explanation for why the copy is being presented. The individual with possession of the original would then have to present it for admission, or not object to the admission of the copy. On the other hand, a probate attorney... Read more »

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: My mother's name is the only one on the deed for a property that we need to sell. There was no will. How do we proceed?

My mother passed in January. We desperately need to sell our other property, but my mother's name is the only one on the deed. My father's name is on the land contract and they were married when my mother passed. I do not know if that works in our favor.

Mary Ellen Leslie Esq.
Mary Ellen Leslie Esq. answered on Feb 12, 2020

If your Mother's name is the only name on the deed, you will have to open an estate, then have the executor get permission from the Court to put it up for sale.

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1 Answer | Asked in Probate for Ohio on
Q: After approval of inventory in an estate,what happens next? What exactly does that mean?

Family member passed away April 28 2019. Inventory was approved 9 26 2019.

Is the probate process almost done?

Mary Ellen Leslie Esq.
Mary Ellen Leslie Esq. answered on Oct 6, 2019

The approval of the inventory means that the court has approved the assets that the executor has identified. Then, after administrative costs and claims have been paid, the remainder is distributed to the beneficiaries/heirs, and an account is submitted to the court for approval, before the estate... Read more »

3 Answers | Asked in Probate for Ohio on
Q: My husband passed away in may 2019 and im just trying to figure out what i need to do?

R house was solely in his name along with a car so what do i need to do?

Mary Ellen Leslie Esq.
Mary Ellen Leslie Esq. answered on Sep 3, 2019

The answer will vary based upon the state in which you live. Hire a probate attorney in your state to learn how to transfer the assets.

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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 sale... Read more »

Mary Ellen Leslie Esq.
Mary Ellen Leslie Esq. answered on Jul 8, 2019

If the spouse was on Medicaid, the State, in all likelihood, will have put a lien on the property, which would have to be paid from the sale proceeds. If the spouse was not on Medicaid, any and all medical bills will ave to be paid.

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1 Answer | Asked in Legal Malpractice, Probate and Wrongful Death for Ohio on
Q: Where can I get a pro bono. Lawyer to look at my case to see if i have grounds

I

Mary Ellen Leslie Esq.
Mary Ellen Leslie Esq. answered on Jul 3, 2019

If you call me at (614)855-3126, I will be happy to discuss your case with you.

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