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Questions Answered by Moshe Toron Esq
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...
Read more »

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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.

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Deceased parent's tax refund will trigger probate. Do I wait to receive the check before starting probate process?

My deceased mother will be receiving a tax refund next year which I am told will come in her own name or the name of her estate. It is the only thing that will be in her estate since she had a trust that contained everything else. Her will leaves anything not already in her trust to her trust. I... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Nov 19, 2019

You should wait. Depending on the size of the check, you may be able to do a Summary Release from Administration which greatly simplifies the process.

1 Answer | Asked in Elder Law for Ohio on
Q: Can a nursing home kick out out if you have been making payments?

My father was placed into a nursing home because we could no longer care for him at home medically. He received a discharge letter from the current nursing home saying they were discharging him because of non payment even though they have been making payments since he arrived there. They currently... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Sep 27, 2019

You have the right to challenge the discharge by filing an appeal with the Ohio Department of Health. It sounds like they have no proper grounds to discharge him. If you file the appeal within 10 days, then the nursing home must wait for the appeal to be decided before they do anything.... Read more »

1 Answer | Asked in Elder Law for Ohio on
Q: Mom is 82 with early signs of dementia and wants to travel to Peru to see her sisters. Can I stop her from going?

I do not have POA or guardianship, but I have been handling the finances so to go on the trip I need to buy the ticket. Her safety is a concern. We live in Ohio.

Moshe Toron Esq
Moshe Toron Esq answered on Sep 24, 2019

In order to stop her, you would need to become her Guardian.

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Do nieces and nephews have inheritance rights under these circumstances in Ohio?

My father's sister-in-law has died leaving behind property without a will that was transferred over to her after his brother (our uncle) died. My aunt has no surviving spouse, grandparents, parents, siblings, or children . My father has no surviving siblings. In this case, do nieces and... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Sep 15, 2019

Her siblings would be next in line to inherit.

1 Answer | Asked in Elder Law for Ohio on
Q: My grandmother was just placed into a nursing home. Can Medicaid take her land even though she has a survivor deed?
Moshe Toron Esq
Moshe Toron Esq answered on Sep 3, 2019

In general, Medicaid will put a lien on her portion of the property after her passing to recover any amount of Medicaid benefits they paid out while she was in a nursing home.

This is true, even if it is a survivorship deed (to the extent of her percentage of ownership.)

It is...
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