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Questions Answered by Moshe Toron
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
Moshe Toron
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
Moshe Toron
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... View More

Moshe Toron
Moshe Toron
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
Moshe Toron
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... View More

Moshe Toron
Moshe Toron
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... View More

Moshe Toron
Moshe Toron
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... View More

Moshe Toron
Moshe Toron
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.... View 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
Moshe Toron
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... View More

Moshe Toron
Moshe Toron
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
Moshe Toron
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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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... View More

Moshe Toron
Moshe Toron
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
Moshe Toron
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
Moshe Toron
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.... View 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
Moshe Toron
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... View More

Moshe Toron
Moshe Toron
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
Moshe Toron
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
Moshe Toron
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
Moshe Toron
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
Moshe Toron
answered on Jun 5, 2018

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

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