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

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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.

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