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Questions Answered by Moshe Toron Esq
2 Answers | Asked in Contracts and Estate Planning for Ohio on
Q: my wife and i filed a quit claim deed and now want it revoked. we both want ownership of our house. is this possible?

i am 58, fully disabled and want to file for a homestead property tax reduction. i am the one that the quit claim deed removed from the home ownership.

can we file a new deed that allows us as co home ownership?

Moshe Toron Esq
Moshe Toron Esq answered on Jun 16, 2021

If she is the current owner, she can sign a new deed putting you on as a co-owner.

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2 Answers | Asked in Estate Planning, Health Care Law and Real Estate Law for Ohio on
Q: My mom has stage 4 lung cancer. I am her only living relative. How do I plan for estate, financial, health care, etc….

This all came up sudden but my mom has stage 4 lung cancer with Mets. I am her only living relative. From a legal aspect what do I need to start doing to get her affairs in order? I am very new to this and not sure what to do. She does have a will with me as executive. She does not have a... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Jun 8, 2021

You should contact an attorney who can help you set up a financial Power of Attorney and a Healthcare Power of Attorney.

That way, you can manage her affairs while she is alive.

A will only takes effect upon death.

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2 Answers | Asked in Estate Planning for Ohio on
Q: What can I do with check made out to estate of my mom name from a over charge at doctors office? She been gone 3 years.

We told them she was gone and there was no estate of and sent check back but now we have it back again.

Moshe Toron Esq
Moshe Toron Esq answered on May 25, 2021

If you paid for her funeral, you can apply to the probate court using a Summary Release from Administration form to have the court authorize you to cash the check.

Otherwise, you will need to file a Release from Administration with the court, which will require more work.

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2 Answers | Asked in Estate Planning for Ohio on
Q: Does the executor of a will have control over house to be sold if another siblings name is on deed of house
Moshe Toron Esq
Moshe Toron Esq answered on May 23, 2021

If another sibling is on the the deed, then that sibling has control of the house, including the right to occupy the house. If there are multiple names on the deed, then those same multiple people also have shared control of the house and shared right to occupy the house.

However, the...
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1 Answer | Asked in Elder Law for Ohio on
Q: Do I file a claim for a whole life ins. policy that was owned by my stepmother who was receiving Medicaid assistance?

My stepmother was in a nursing home which was partially paid for by Medicaid. She recently passed away. She had a small whole life insurance policy (under $10,000) that the social worker knew about when they helped her apply for Medicaid assistance. The policy value was over $8000 at the time.... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Apr 22, 2021

Life insurance proceeds are exempt from Ohio Medicaid Estate Recovery, if payable to an individual beneficiary.

2 Answers | Asked in Elder Law for Ohio on
Q: IF WE SIGN OVER OUR HOME TO THE CHILDREN AND ONE IS SUED FOR SOMETHING CAN THE HOUSE BE TAKEN AWAY?

HOW WOULD YOU PREVENT THAT FROM HAPPENING? THERE ARE SIX CHILDREN WANT TO SIGN THEM ALL ON SO IT WOULD BE EQUAL. THEY ARE THE BENEFICIARIES IF WE DIE BUT WANT THEM TO HAVE THE HOME IN THEIR NAME UNTIL WE DO. DO THEY ALL HAVE TO SIGN IN PERSON? OR SEND IT IN. SEVERAL LIVE A GOOD DISTANCE. WHAT ARE... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Apr 18, 2021

It would probably make sense to put the house into a trust in order to avoid some of these issues.

Depending on your goals, it might be a revocable trust or it might be an irrevocable trust.

You should definitely consult with an attorney for this before doing anything.

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2 Answers | Asked in Estate Planning for Ohio on
Q: Is there any way to get around buying a sibling out of a property, in a situation where there is no will?
Moshe Toron Esq
Moshe Toron Esq answered on Feb 27, 2021

If there is no will, then all siblings inherit equally. If one does not buy out the others or if the property is not sold, then they all end up owning the property equally, as tenants in common, with equal rights to inhabit the home.

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2 Answers | Asked in Estate Planning for Ohio on
Q: My mom and I refinanced her house almost 2 years ago, she passed in Dec. Now my brother want to take it.

At the time the house was refinanced he had the option to be on the mortgage and he said he wanted no part of it. Our mom passed away on Dec 1,2020. As of Feb 20, he now want to take the house for himself and sell it. What options do I have? I am currently living there with my 2 oldest children.... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Feb 22, 2021

If there was a will, then it goes to those persons named in the will.

Otherwise, it would go the children, equally (if there is no living spouse.)

Either way, nothing can be done to the house until someone goes to court and is appointed as the Executor (or Administrator, if there is...
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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Do both parents of a jointly owned house need to be probated? Mom died 2012. Dad names me sole heir in the will in Ohio.

Both were on title. Mom was never probated. Mom had a very old will that was not updating leaving the house to dad than me. Dad is very sick and might die soon. I live in this property full-time as a caregiver and POA. We live in Ohio. Mom's debts were all paid off. Dad's estate may or... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Feb 21, 2021

If the deed was held as "joint owners with rights of survivorship" then only one probate is needed. Otherwise, two probates are needed.

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3 Answers | Asked in Estate Planning and Health Care Law for Ohio on
Q: Will durable powers of attorney for Missouri be honored in Ohio?
Moshe Toron Esq
Moshe Toron Esq answered on Jan 22, 2021

As a general rule, yes.

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2 Answers | Asked in Contracts, Estate Planning and Probate for Ohio on
Q: Is a will valid if the executor is dead and the minor children listed as beneficiaries have since become adults?

About 30 years ago, my father, who recently passed away, created a will listing my grandmother as executor and me as guardian of estate along with my supposed half-brother. My grandmother passed away 13 years ago, I am in my mid 30s, and my supposed half-brother just turned 30. Would his will from... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Dec 26, 2020

The will is still valid.

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3 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Is there a penalty if no one steps up to go through probate court for someone who just passed away? There was no will.

The only asset was a bank account (no house, no car, no physical property of value) and the debts are known to be greater than the amount in the bank account and there was no will. There are younger adult children and they don't see the point in spending the time, money, and energy going to... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Dec 22, 2020

There is no penalty for not stepping forward and filing.

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1 Answer | Asked in Elder Law and Health Care Law for Ohio on
Q: How to become spouses power of attorney

Spouse in Nursing home due to stroke

Moshe Toron Esq
Moshe Toron Esq answered on Oct 23, 2020

If she is able to sign her name and is aware of what she is doing, then she can sign a power of attorney form that grants you power of attorney.

3 Answers | Asked in Estate Planning for Ohio on
Q: My father recently passed away with no will.Just my sister and i. Next steps in regard to estate? Ohio

My father passed away a week ago. He didn't have a will or anybody appointed to take care of his estate. He had no life insurance either. It's just my sister and I and we are on the same page with everything. Just wondering about next steps legally for his estate. He had a little credit... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Sep 26, 2020

We would first need to know more information.

1) How large is his estate?

2) Do either of you live in Ohio?

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1 Answer | Asked in Elder Law for Ohio on
Q: Can a POA change will&set up irrevocable trust?Does person need to be deemed incompetent for POA to go in effect?
Moshe Toron Esq
Moshe Toron Esq answered on Jul 30, 2020

A POA can't make a will.

A POA document must have very specific statutory language in it in order to allow a POA to create an Irrevocable Trust.

Some POA documents require the Principal to be declared incompetent, but many do not.

1 Answer | Asked in Estate Planning for Ohio on
Q: Where do I go to find a Pro Bono Trust Layer in Cincinnati, Loveland or Clermont County Ohio

All so where would I go to find a listing of the best Trust Layers in Cincinnati Loveland or Clermont County, Ohio regardless of the Pro Bono status.

Also who makes up this list?

Moshe Toron Esq
Moshe Toron Esq answered on Jul 27, 2020

There is no official list for that. You could call the Cincinnati Bar Association and ask them for a recommendation.

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?
Moshe Toron Esq
Moshe Toron Esq answered on Jul 13, 2020

If she had a beneficiary designation named on the pension, it would go to that person.

Otherwise, it would go to the person named in her will. If she had no will, it would go to her descendants. If she has none, then it goes to her parents (or grandparents.)

If she had no living...
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1 Answer | Asked in Estate Planning for Ohio on
Q: My mother left her estate in a will to her 6 children. A few years ago, she wrote a paper saying that 1 child gets half

And the other 5 split the other half. It was notarized in a bank with 2 of her adult children witnessing. Is the paper legal or could I fight for 1/6 like the will says.

Moshe Toron Esq
Moshe Toron Esq answered on Jul 11, 2020

You could fight it.

2 Answers | Asked in Elder Law for Ohio on
Q: My 89 year old mother is in rehab after she was in Parma UH Geriatric Psyc Ward. Diagnosed with Dementia w/Psychosis.

What are my next steps I do not have financial POA. I have Medical POA

Moshe Toron Esq
Moshe Toron Esq answered on Jun 2, 2020

You will need to hire an attorney and apply for guardianship over your mother's financial affairs in probate court.

You can make medical decisions for her now, since you are the Healthcare POA.

However, without either a guardianship or a financial POA, you won't be able to...
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2 Answers | Asked in Elder Law for Ohio on
Q: My mother in law is financial and legal power of attorney of her aunt who has a substantial savings.

She is a joint account holder with her aunt. Her aunt has a will but has not named an executor. Upon her passing, will the money in her accounts go to probate or will it go to the joint account holder (mother in law)?

Moshe Toron Esq
Moshe Toron Esq answered on May 21, 2020

It would go to the joint account holder, if the official account paperwork says that both account owners have "rights of survivorship."

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