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Questions Answered by Moshe Toron Esq
1 Answer | 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.

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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2 Answers | Asked in Estate Planning for Ohio on
Q: My father past 12 years ago

I live in the state of Ohio as my parents did for all our lives. I'm now receiving checks for asbestos settlement I filed about 2 years ago for my father . The checks are issued to the estate of (his name). Is there a way just to have the checks issued to myself? My mom past 4 years ago and... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on May 12, 2020

I agree with Mr. Jaap.

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1 Answer | Asked in Elder Law for Ohio on
Q: It was recently brought to my attention that my elderly dying neighbor has changed her sole heir and sole poa.

There are red flags and suspicions that Live-in Caregiver may have manipulated her into these decisions. As a life long neighbor, I am deeply concerned. My neighbor is incoherent on her deathbed and has no family. How can I anonymously help before it is too late?

Moshe Toron Esq
Moshe Toron Esq answered on May 3, 2020

This is a tough one. There is a lot to really think about and it is difficult to address over the internet.

At the very least, you can call your county Adult Protective Services and see if they want to get involved. However, it is a slow moving process.

Another possibility is for...
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2 Answers | Asked in Estate Planning for Ohio on
Q: If my brother changed his will from my name to his girlfriend and everything is TOD so that it doesn't get filed in

probate, does that mean I can never see the will to see if he left me anything? He died in December and she is not talking to anyone. Originally he left everything to me and my sisters and I just want to know if I am still mentioned in the will or not.

Moshe Toron Esq
Moshe Toron Esq answered on Apr 29, 2020

If everything he owned is in TOD form, then nothing would actually go through the will. So, even if he left the house to you in the will, if the deed has a TOD designation on it, then the house would follow the TOD designation and not the will.

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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 »

Moshe Toron Esq
Moshe Toron Esq answered on Mar 30, 2020

I agree with your attorney.

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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

Moshe Toron Esq
Moshe Toron Esq answered on Feb 18, 2020

6 months.

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1 Answer | Asked in Elder Law for Ohio on
Q: I would like to know how my friend is legally able to leave his parents on their own.

He has been taking care of his parents since his mother was hospitalized right before Thanksgiving. She has IBM , but is mentally alert and a feeding tube via PEG 5x a day. Then his father fell couple weeks ago from A-fib passing out - also hospitalized for placement of pacemaker. He also has... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Jan 7, 2020

He can attempt to apply to the local probate court to become their guardian. If he is their guardian, then he can make all decisions for them.

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