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Questions Answered by Moshe Toron Esq

1 Answer | Asked in Estate Planning for Ohio on

Q: Hello, I have a quick question but there's not enough room to ask it here.

my grandma has dimentia. and needs care throughout the day, cooking, cleaning, bathing. etc. Somoene told me the state will pay me to take care of her, but then someone also said when she passes away, they will take all of that money that they paid me out of her estate. I was just... Read more »

Moshe Toron Esq answered on Aug 20, 2019

If she has her own assets, such as a house, then the state can go after those assets as reimbursement for funds they paid out to you. However, some exceptions apply.

2 Answers | Asked in Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Ohio on

Q: I own both a car and house with a girl, we are not married. If I die will she take full ownership or do I need a will?

We live in Ohio and I’m not sure if I need to make a will and leave my half of these things to her, or if the intestate laws will guarantee she gets full possession of the house and car? I don’t want my family trying to claim half of these items if something happens to me.

Moshe Toron Esq answered on Aug 20, 2019

If you own an asset together and the title contains the words " joint owners, with rights of survivorship" then the asset would pass to the other person automatically upon the first to die.

Otherwise, you need a will that names your girl friend.

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1 Answer | Asked in Estate Planning and Probate for Ohio on

Q: my mom passed last week. she seems to have an outstanding medical bill. how valid is that bill post death

Moshe Toron Esq answered on May 6, 2019

If she opens a probate case within 6 months of death, then the bill could be payable from her probate estate assets, if she has sufficient probate assets. If she does not file a probate case, then it is unlikely this bill will need to be paid. In general, her debts are only payable from her assets.... Read more »

1 Answer | Asked in Elder Law for Ohio on

Q: Can a resident in a facility be recorded on video surveillance by family members without the resident's consent?

Moshe Toron Esq answered on Nov 13, 2018

If the resident is competent to make medical decisions, then no.

1 Answer | Asked in Elder Law for Ohio on

Q: Father in Long term care, step mom not on title of trailer or car. Can he sell the trailer and car without her consent?

I'm his daughter and have DPOA. She has been in rehab centers for at least 18 of the last 24 months. She's not been in contact with my father for months. Can she assume ownership of trailer without her name on the title. She will not pay bills associated with the trailer/car. She has max over 20k... Read more »

Moshe Toron Esq answered on Nov 13, 2018

He can sell it without her consent.

1 Answer | Asked in Elder Law for Ohio on

Q: I have been married for 33 years. 16 years ago I bought a home in my name only. Soon my husband may have to go to a

Care facility. I would need the state to help pay for that. Can the state take or put a lean on my house?

Moshe Toron Esq answered on Aug 20, 2018

Generally not, if you outlive your husband. However, a certain amount of other assets you own might need to be spent before he can qualify for Medicaid.

2 Answers | Asked in Estate Planning and Probate for Ohio on

Q: To obtain a Letter of Administration in Ohio can this be obtained with a copy of the will?

Moshe Toron Esq answered on Aug 4, 2018

You would need to file for a full probate using the original will.

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1 Answer | Asked in Elder Law for Ohio on

Q: Hi! If my dad is elderly but still very sharp, are others allowed to intrude and make his decisions for him?

Moshe Toron Esq answered on Jul 12, 2018

If he signed a Power of Attorney for finances, then they probably have the ability to take control over his finances. However, if he does not want to continue this arrangement, then he can revoke the Power of Attorney document and take back control over his finances.

1 Answer | Asked in Estate Planning for Ohio on

Q: I am beneficiary of a 401K account. I am 46 yrs old and would like to use some of the $ for home upgrades. Is it best

to withdraw all the $ and place into a diff account or just what is needed?

Moshe Toron Esq answered on Jun 5, 2018

Just what is needed. Every dollar you withdraw is taxable income.

1 Answer | Asked in Estate Planning for Ohio on

Q: The will was unsigned; however, I was named beneficiary on her 401K and life insurance policies. Do I

have to follow the deceased individuals desires in the "unsigned" will?

Is it safe to establish a trust for a minor whose been involved with children services due to the parents neglect?

Moshe Toron Esq answered on May 29, 2018

A beneficiary named on a policy overrides what it says in the will as to that asset.

1 Answer | Asked in Estate Planning for Ohio on

Q: My uncle passed away last July.he owns 2houses the one he lived in and I live in the other one with my kids for 10 years

I lived there. He had no will no-one wants to do the probate is there anything I can do to get house in my name should I pay the taxes

Moshe Toron Esq answered on May 25, 2018

If someone dies without a will, then this is what is known as dying "intestate." In that case, his closest next of kin will inherit his property. In general, the order is, wife and kids, then grandkids or more remote descendants. After that, is his parent(s) if living, then his siblings (or their... Read more »

1 Answer | Asked in Probate for Ohio on

Q: Dad just passed in Jan. How do we prevent a lien that might be put on the house for an unpaid bill from the nursing home

Moshe Toron Esq answered on May 16, 2018

In certain cases, the State of Ohio will not claim the property right away (sometimes not at all.) One example is if a spouse or a disabled person is living there. There are other exceptions as well.

2 Answers | Asked in Estate Planning and Probate for Ohio on

Q: How to get copy of deceased mother's Living trust after her death? The successor trustee (my brother) will not furnish.

Mother died, said all of her estate would be split equally between my brother and I. He has given me part of inheritance but refuses to give me a simplified report of any kind of what was in the trust and I don't think that I have received my proper portion. Do I need to file a claim thru Probate... Read more »

Moshe Toron Esq answered on May 14, 2018

If the trust was established in Ohio, then you are entitled to a copy of the trust and a full accounting.

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1 Answer | Asked in Elder Law and Estate Planning for Ohio on

Q: Does a home in an irrevocable trust get a step up in basis upon death of the grantors?

My parents are thinking of placing their home in an irrevocable trust in order to avoid medicaid estate recovery if they are to need long term care. Are there ways to draft the trust so that when it is sold after their deaths that we can avoid substantial capital gains taxes by receiving a step... Read more »

Moshe Toron Esq answered on Apr 24, 2018

Yes, this is commonly done by including a trust provision that causes the trust to be includable in the decedent's estate for tax purposes only.

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Ohio on

Q: Regarding Ohio SNF ResidentTrust Fund/Personal Needs Account.

When a resident expires and there is not a beneficiary who is entitled to the resident's personal money?

I'm not referring to Medicaid money. I know that money goes back to the state.

I'm told the SNF must write the check to The Estate of.. but, when this is done the banks will not... Read more »

Moshe Toron Esq answered on Apr 19, 2018

Perhaps there is an unpaid funeral bill to be paid.

See Ohio Administrative Code 5160-3-16.5)H)(3)(c) "If funeral and/or burial expenses for a deceased resident have not been paid, and all the resident's resources other than the PNA have been exhausted, the resident's PNA account funds...
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1 Answer | Asked in Estate Planning for Ohio on

Q: Does trustee (older brother) have full discretion at his whim whether other siblings have qualified needs for withdrawl?

clause: "If, at any time in the discretion of the Trustee, any child should be in need of funds for his or her proper care, health, support, maintenance ad education, the Trustee may...pay to or apply for the benefit of such child such amounts from the principal of his or her Trust Estate, up to... Read more »

Moshe Toron Esq answered on Apr 8, 2018

In Ohio, the trustee must act reasonably and in good faith when exercising a power that has an ascertainable standard, such as the trust you have. Here is the Ohio statute:

5808.14 Judicial standard of review for discretionary trusts.

(A) The judicial standard of review for...
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1 Answer | Asked in Elder Law for Ohio on

Q: We are looking into Medicaid planning for my grandparents.

It is likely my grandparents will need full time care in the next few years. Is there any way to protect some or any of their assets if they are likely to need long term Medicaid coverage within the next 5 years, which I understand to be the look-back period, without getting them penalized?

Moshe Toron Esq answered on Mar 25, 2018

If they have a child who collects Social Security disability, then there are trusts that can protect some or sometimes all of these assets.

In addition, there are other strategies to protect some of these assets.

It would be well worth your while to speak to an elder law attorney....
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2 Answers | Asked in Estate Planning, Elder Law and Health Care Law for Ohio on

Q: My mother is 84 with Alzheimer's in Ohio. How do we best use her remaining assets to provide her medical care?

My Brother and I have Power of Attorney.

Moshe Toron Esq answered on Mar 19, 2018

It would depend on the type of assets she has and the amounts. Is there anyone in Ohio who is currently overseeing her care?

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1 Answer | Asked in Elder Law for Ohio on

Q: My mom had a stroke and I want her to come home after rehab.

She makes to much money to quality for Medicaid. She has to much money in the bank. She also has a life insurance policy with me as the beneficiary. I can't take care of her because I'm on oxygen. There is not enough money to hire someone long term. Please help me . I don't know what to do and I... Read more »

Moshe Toron Esq answered on Mar 3, 2018

Even if her income seems too high, there are ways to still qualify for Medicaid, such as by setting up a qualified income trust.

In terms of her assets, it may be worth spending them on her care and then qualifying for Medicaid, when her assets are below $2,000.

If she has...
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