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2 Answers | Asked in Elder Law and Public Benefits for Ohio on
Q: Medicaid question.92 year old father in rehab/nursing home will need to go next to long-term care. His income qualifies

him for Medicaid. His home has been a mobile home. Its fair market value is $7400 and that is his only physical asset. If he applies for Medicaid now and is accepted, as soon as we sell the trailer, his assets will be above $2000 which makes him ineligible for Medicaid until he spends down the... View More

Moshe Toron
Moshe Toron
answered on May 3, 2023

It can work out either way. If you are able to find items to spend on now, before he needs Medicaid, then that is a good option. The main thing is to sell it for the proper blue-book value and spend the funds down before he needs Medicaid.

Or you can get qualified for Medicaid first. Then,...
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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: If both spouses die "simultaneously" and they have different back-up executors to their will, which executor handles the

which executor handles the jointly owned accounts? Who does the money in those accounts go to?

Moshe Toron
Moshe Toron
answered on Apr 29, 2023

The funds in the joint account go to the second spouse to die and administered under the will of the second to die. If the order of deaths is unknown, then you need to speak to an attorney.

Other assets are more complicated, as it depends how the wills were written and how they address...
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2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Ohio on
Q: OH TOD deed to one person, then a new TOD deed to another but that one was revoked. Is the first one still valid?

My great aunt signed a TOD deed on her home and my mother was the beneficiary. Later my great aunt signed another TOD deed with her neighbor as beneficiary, but then revoked the TOD deed to the neighbor several years later. Is the one to my mother still valid if it was never revoked? What if a... View More

Moshe Toron
Moshe Toron
answered on Dec 22, 2022

As a general rule, a new TOD designation affidavit revokes the old TOD designation affidavit , regardless of whether it says so on the new TOD designation affidavit or not.

Therefore, it is very possible that the property will go to the person named in the will.

Having said that,...
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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: My father died recently and I have no contact with my siblings. Is there a way to find out what is in his estate?

I live in a different state and he was a not married.

Moshe Toron
Moshe Toron
answered on Aug 28, 2023

If an asset went through probate, you can check the probate court website for the county in which he lived. Also, if it goes through probate, then by law, you must be notified.

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2 Answers | Asked in Estate Planning for Ohio on
Q: My mom died before my grandmother do we get what our mom would've inherited from our grandmother in Ohio?

There was no will and my mom has 2 brothers and one sister still alive in Ohio

Moshe Toron
Moshe Toron
answered on Jun 20, 2023

It depends if your grandmother has a spouse still living and and if that spouse is your grandfather or the parent of the other 3 siblings.

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2 Answers | Asked in Estate Planning for Ohio on
Q: In a trust if it says all assets to be split does that include savings and checking even with a TOD in place on them?

The trust doesn’t mention any certain assets just says all assets to be split. But the checking and savings have a transfer of death to someone else and they are saying it’s all theirs.

Moshe Toron
Moshe Toron
answered on May 27, 2023

The TOD designation takes precedence.

However, if the checking and savings account were titled to the trust, then you should speak to an attorney (as a trust cannot "die.")

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1 Answer | Asked in Estate Planning for Ohio on
Q: dad lives with his gf of 20 years. They are both on the house title. What happens when one of them passes away?

Dad bought house with gf they are both on the title. Gf paid mortgage and dad paid electric bills, maintenance, for updates like flooring. He has cancer, if he passes away who does the house go to. My dad wants us his 2 children to have his assets. What does he need to do to ensure that?

Moshe Toron
Moshe Toron
answered on May 18, 2023

If the deed is held with rights of survivorship with his girlfriend, then his girlfriend will inherit the house if he dies first.

He needs to get an attorney to change the deed, while he is still alive.

1 Answer | Asked in Estate Planning for Ohio on
Q: What kind of lawyer handles, when next of kin do not agree on cremation for a loved one?

My loved one supposedly wanted to be cremated and I think they didn't. My state requires all surviving living children to sign a document agreeing. I do not agree with the cremation.

Moshe Toron
Moshe Toron
answered on May 15, 2023

Probate attorney.

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.

Moshe Toron
Moshe Toron
answered on Mar 13, 2023

Many elder law attorneys offer a free consulation.

I would highly advise you to speak to one.

There are legal techniques that can allow you to salvage a portion of the sales proceeds for the family.

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1 Answer | Asked in Family Law and Elder Law for Ohio on
Q: In Ohio does a Power of Attorney grant an adult child the right to place a parent with Alzheimer's in a nursing home?

Is a Power of Attorney the appropriate and ethical way to do this or is obtaining guardianship more appropriate?

Moshe Toron
Moshe Toron
answered on Jan 12, 2023

A properly signed Healthcare Power of Attorney grants you the right to place someone in a nursing home.

The person signing it granted you that power.

1 Answer | Asked in Estate Planning and Family Law for Ohio on
Q: How do I find the paperwork from the sale of the house that my father owned
Moshe Toron
Moshe Toron
answered on Dec 26, 2022

The title company that handled the sale.

1 Answer | Asked in Estate Planning and Health Care Law for Ohio on
Q: My mother is in process of losing everything to Medicaid, can an irrevocable trust help?

They want them to pay by the day or lose the family farm. My mother has tried contacting her lawyer several times about an irrevocable trust. She has heard nothing. Is there anyway to stop the look back and/or deli the process?

Moshe Toron
Moshe Toron
answered on Oct 16, 2022

It depends on a number of factors. Is she married? Does she have a child living there? Does she have any disabled children?

She needs to speak to an attorney that specializes in elder law.

1 Answer | Asked in Elder Law for Ohio on
Q: My mother is in a nursing home in Ohio due to Alzheimers

I am her POA for her durable Financial Power of Attorney. In it it states I can gift money from her estate to any family member including myself. If that is done will it effect anything if she has to go on medicaid? Also, can a Durable POA and/or Medical POA be paid without it effecting anything,... View More

Moshe Toron
Moshe Toron
answered on Oct 11, 2022

Any gift will affect her ability to qualify for nursing home Medicaid in the next 5 years.

If you want to get paid as POA, someone will need to write up a comprehensive agreement BEFOREHAND in writing laying out the details of what you are doing and how much you are being paid. Otherwise,...
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2 Answers | Asked in Real Estate Law for Ohio on
Q: If I share a deed to a house with my spouse, and her mom's over and i dont want her over, can i have her mom trespassed

I am not married, but am considering it in a couple years, I couldnt find the answer online to this and am just curious. who has the advantage, if two people own a home 50/50 and one wants a guest over and one doesnt, who legally has the advantage, and how would this issue go about being resolved... View More

Moshe Toron
Moshe Toron
answered on Sep 24, 2022

You are not trespassing if a co-owner invited you in. Do not expect the police to get involved.

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: The property was sold under land contract. I have lived here 11 years verbal agreement that I stay but now buyer renig .

Contract written in the state of Ohio, land is in Kentucky now the buyer wants me to vacate the premises but the seller said I could stay with the buyer sitting right there with them verbal agreement. Who has legal authority to affect me the buyer or the seller ? thank you

Moshe Toron
Moshe Toron
answered on Sep 23, 2022

It seems you cannot enforce the verbal agreement.

Here are 3 reasons:

1) There was no consideration for the verbal agreement. In other words, you were promised the right to stay, but you did not say if you gave anything in return, which is also known as "consideration" or...
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1 Answer | Asked in Family Law, Elder Law and Landlord - Tenant for Ohio on
Q: Removing abusive adult son from home legally?

BIL is systematically attempting to remove MIL from her home and keep it. Claims that there is verbal agreement and refusing to leave, threatening suites. How to get him out.

Moshe Toron
Moshe Toron
answered on Sep 10, 2022

She should hire an attorney, go to court and file for an eviction. However, she must follow the legal procedures regarding notice, etc.

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Ohio on
Q: Medicaid estate recovery

My mother-in-law received Medicaid benefits while she was in a nursing home. Upon her death the house and other assets were left alone as her husband was still alive. If us kids sell his house and vehicle before he dies will the state of Ohio stop the sale? If not, what happens when my... View More

Moshe Toron
Moshe Toron
answered on Aug 1, 2022

If you sell the house now, Medicaid cannot take any of the sales proceeds, since your father-in-law is still alive. He can then spend the money as he sees fit on items for himself. Once he passes, then technically, Medicaid has a claim against the remaining funds from the sale. However, with some... View More

2 Answers | Asked in Estate Planning for Ohio on
Q: My sister is in my mom's will to inherit the house. Can the bank take the house from her to pay off the mortgage?

My mother lives in Ohio and her will says that all debts should be paid on her death. Does this mean paying off the mortgage before my sister can have it?

Moshe Toron
Moshe Toron
answered on Jul 25, 2022

If your sister intends to move into the house and make it her primary residence, then she is entitled by law to assume the mortgage. The law I am referring to is called the Garn-St. Germain Act of 1982 and is found here: https://www.law.cornell.edu/uscode/text/12/1701j-3

The relevant...
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1 Answer | Asked in Elder Law for Ohio on
Q: Can an adult in a nursing also be the power of attorney of another individual in a nursing home?

My father-in-law's oldest son is in a nursing home. He has handled financial matters in the past for his father but now they are both in managed care. Is he able to legally obtain power of attorney status over his father or is there a requirement for an individual to be mobile. We're in Ohio.

Moshe Toron
Moshe Toron
answered on Jul 15, 2022

He can be the Power of Attorney if he is competent.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Ohio on
Q: Hello. The final piece of property from my Fathers Estate was sold. As a beneficiary I received a distribution

of those assets. A small amount of money was left in the estate bank account. The property transferred to the new owners on April 1, 2022. The Executrix of the Estate asked the Probate court to extend the administration of the estate for another year on April 28, 2022 and put the reason for the... View More

Moshe Toron
Moshe Toron
answered on Jun 7, 2022

It is pretty routine to ask for an extension. The Executrix must prepare a final accounting and that can take some time. Also, a tax return might need to be filed for the profit from the sale of the house. That could be why the Executrix is holding back a small amount of funds.

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