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Questions Answered by C. Lawrence Huddleston III
2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Ohio on
Q: Does SSI have to be paid back after death?

My grandfather died in june leaving his assets in trust to his son and daughter equally. His son (my dad) died before receiving his half of assets. My dad was on Supplemental Security Income at time of death and for last 10 years. The family says his half of the assets will pass into his estate to... Read more »

C. Lawrence Huddleston III
C. Lawrence Huddleston III answered on Oct 8, 2021

Mr. Popp's answer is perfect. If the Executor has not consulted with an attorney, he or she is foolish. Estate administration is much more complicated than most folks know. If you screw something up, you'll spend much more money getting it corrected.

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2 Answers | Asked in Probate for Ohio on
Q: My brother died without a proper will and his assets are very small. Can we settle his small estate without a lawyer?

He has a small house. 2 children who loathe each other.

C. Lawrence Huddleston III
C. Lawrence Huddleston III answered on Oct 5, 2021

If the heirs got along, it might be possible, but with real estate involved you will need to find an Administrator on whom you can agree, who can help get the house sold, and who can play referee. One of you needs to start the process by finding an expert and experienced probate lawyer who can... Read more »

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Sole owner of home passes away without a will. Daughter and son-in-law have lived there for 5 years. Whats next

The mother paid mortgage, son-in-law and daughter paid all utilities, maintained home while also giving her care. What rights does daughter have? Daughter does have a brother who lives elsewhere

C. Lawrence Huddleston III
C. Lawrence Huddleston III answered on Sep 16, 2021

You need to visit immediately with an expert Probate attorney. You are in a pickle now because your mother did not do this prior to her death, and it will get worse if you do not get expert help.

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1 Answer | Asked in Estate Planning and Real Estate Law for Ohio on
Q: Can a landowner leave his child a life estate and grandchild a remainder with a transfer on death designation affidavit?

This question refers to a transfer on death designation affidavit created under Ohio Revised Code Section 5302.22.

C. Lawrence Huddleston III
C. Lawrence Huddleston III answered on Aug 5, 2021

No.

3 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Should my sister sign a waiver giving permission for her uncle to handle his late brother's estate

My sister is a part of that estate

C. Lawrence Huddleston III
C. Lawrence Huddleston III answered on Aug 5, 2021

No meaningful answer is possible until an expert real estate attorney has the opportunity to look at the form and interview you to understand your family.

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2 Answers | Asked in Probate for Ohio on
Q: My mom passed no will. Her house was in a reverse mortgage She has little money in frozen bank acct. What do i do?
C. Lawrence Huddleston III
C. Lawrence Huddleston III answered on May 14, 2021

If the reverse mortgage balance is lower than the amount you will net by selling it, you can sell it, pay off the mortgage company and keep the balance. You will need to open a probate estate to get both the house and the bank account. It will cost you little or nothing to consult with an expert... Read more »

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2 Answers | Asked in Estate Planning and Landlord - Tenant for Ohio on
Q: If someone inherits a home and all heirs agree do we have to wait til probate to evict tenants so we can move in?

He has a copy of the will leaving the home to him. Can we use that to start the eviction process on the tenants? They are nice ppl and have lived there a few years. We gave them 3 mths but at the end of the 3 mths we dont want to have to wait another couple mths to evict if they dont move. We are... Read more »

C. Lawrence Huddleston III
C. Lawrence Huddleston III answered on May 10, 2021

If they do not have a lease, the Executor can evict them ... or demand that they pay a market rent. In fact, the Executor has an obligation to protect the value of the assets, and arguably to maximize the value of those assets. If this estate has real property and multiple heirs and the Executor... Read more »

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2 Answers | Asked in Estate Planning for Ohio on
Q: Ma father passat in his will he states house cars and all assets go to me and brothers equly before we got here the exc

He came on home and took GUNS knifes and other items said he had a verbal agrement with my dad but the will doesnt say that can he do that

C. Lawrence Huddleston III
C. Lawrence Huddleston III answered on Apr 18, 2021

Verbal agreements made during lifetime mean absolutely nothing after death. With approval of all other heirs, the Executor may choose to honor such a statement, but is under absolutely no obligation to do so. Your brother has acted improperly, and his action is criminal theft. It is unlikely the... Read more »

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2 Answers | Asked in Estate Planning for Ohio on
Q: A final accounting of assets, etc. has been filed. I had to sign an agreement to this. Will I receive a check?
C. Lawrence Huddleston III
C. Lawrence Huddleston III answered on Mar 15, 2021

Many lawyers like to have inheritors sign off on distributions to protect the Executors and/or Trustees and help guard against quarrels after the fact. Hopefully you didn't sign anything that you didn't understand ... which no one should ever do. If the form showed you were going to... Read more »

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2 Answers | 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?
C. Lawrence Huddleston III
C. Lawrence Huddleston III answered on Feb 28, 2021

No. Unless the sibling wants to give his or her share to you. If there is debt and the sibling doesn't want to share in the debt, you have some additional negotiating power. And if there are other assets, maybe the sibling would rather have those assets and let you keep the real estate. If... Read more »

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2 Answers | Asked in Probate for Ohio on
Q: My father passed away in April 2020. His estate was filed into probate in August 2020. I am one of the beneficiaries.

There were 2 properties listed in probate. A house and 5 acres of empty land. The house sold and the buyer paid and it closed on February 12, 2020. The 5 acres of empty land still needs to be sold, property taxes are $400 per year and that has already been paid for 2020. There are no other expenses... Read more »

C. Lawrence Huddleston III
C. Lawrence Huddleston III answered on Feb 24, 2021

It is up to the Trustee when to distribute funds to the beneficiaries. The trustee has the right to make interim distributions before everything is final, but is likely that the Trustee prefers to get all income taxes settled before making distributions. It is not unreasonable to delay... Read more »

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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 »

C. Lawrence Huddleston III
C. Lawrence Huddleston III answered on Feb 23, 2021

Your brother’s age is irrelevant. Who signed the mortgage is irrelevant. If your mother had a Will, it dictates where her money and property goes. If she had no Will, the law decides where her money and property goes after enforceable debts are paid, but creditors must act to enforce the debts... Read more »

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: I need a certificate of heirship for my great grandmother died in Ohio . She wasn't probated. What documents do I need?

She had 3 sons and two daughters. My grandfather was one. He died and it went to his wife, my grandmother then to her children, two aunts gave me their share. I only need to prove heirship to my great grandmother I have the rest. Thank you

C. Lawrence Huddleston III
C. Lawrence Huddleston III answered on Feb 16, 2021

I'm sorry, but your question doesn't contain enough detail. You say nothing about your father or mother, whether you have already acquired his or her interest. If your great-grandmother had 5 children and had no Will (or the Will was not probated and is now lost), the property would... Read more »

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3 Answers | Asked in Probate for Ohio on
Q: My mom passed, only had joint checking with me, only adult child. Is probate needed? She has a small unsecured personal
C. Lawrence Huddleston III
C. Lawrence Huddleston III answered on Feb 9, 2021

Your question as posted is incomplete. If the only asset your mother has is a joint account with you, you are under no obligation to open an estate. Creditors have no claim to the joint account.

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2 Answers | Asked in Estate Planning for Ohio on
Q: My father passed. I am his health and living will poa. No estate. I want to keep his van that he owed 7000 on. How?

My father had no estate. He owned nothing. He owes 7000 on his van. I can't let it go. It's all I have of his. How do I get to keep his van? What can I do?

C. Lawrence Huddleston III
C. Lawrence Huddleston III answered on Jan 22, 2021

Did he have debts? Did he have a wife or other children? Did he have a Will? Your question is more complex than anyone can answer without all facts. Someone needs to apply to become executor or administrator. If you want to know for sure, you need to consult with an expert probate lawyer.

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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 »

C. Lawrence Huddleston III
C. Lawrence Huddleston III answered on Dec 23, 2020

Assuming the family members are not co-signed or otherwise responsible for parental debts, there is no obligation to do anything at all. Creditors could open the estate, but almost certainly won't bother.

As Mr. Epling suggests, if the account has sufficient value to be worth some...
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5 Answers | Asked in Estate Planning for Ohio on
Q: My mother wants to protect the equity in her home from her debts when she passes. We live with her and take care of her.

What's the best way to keep the house when she dies?

C. Lawrence Huddleston III
C. Lawrence Huddleston III answered on Dec 9, 2020

It depends on her assets. It sounds like maybe she is a candidate for Medicaid asset protection planning. Most expert lawyers who do that work charge little or nothing for an initial consultation.

In addition to possible creation of a "Medicaid Trust", there is a provision in...
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2 Answers | Asked in Estate Planning, Family Law, Elder Law and Probate for Ohio on
Q: I am the co- owner of my mother's banking & checking account. Do I have to pay back my mother's estate ?

My sister placed my Mom into a nursing home in May of 2019 for dementia. And then she hired a guardian for my mom in June 2019. I have lived in my Mom's home from May 2019 until now. I have been the co-owner of my Mom's banking and checking account since April 5, 2015. And, I used the... Read more »

C. Lawrence Huddleston III
C. Lawrence Huddleston III answered on Dec 2, 2020

We handle guardianship cases, but I do not hold myself out as a guardianship expert. If there is a clear-cut answer to your question, I don't know it. Like my colleague Mr. Epling, it would require some legal research.

I'm assuming the funds in the joint account all came from...
Read more »

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: My father passed away he was my step father raised me for over 50 years. My siblings are trying to cut me out. Can they?

I have a half sister and my father adopted my nephew so I have an adopted sibling also I was told there is a will that is 30 years old that I am executor of but my adopted sibling has it I have not seen it I know they're going to go through probate and they're not telling the probate... Read more »

C. Lawrence Huddleston III
C. Lawrence Huddleston III answered on Dec 2, 2020

These "hidden will" cases are very difficult. It is a violation of Ohio law for someone to conceal a Will, but proving they have it is almost impossible. You can try to find the lawyer who drafted the Will. Unless you can find the original Will, this is going to be difficult, and you... Read more »

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1 Answer | Asked in Probate for Ohio on
Q: My Dad died last week & my sis is executor. She is taking valuable items out of the estate for herself.

She is also a beneficiary along with only my brother and I. She has her children whom aren’t beneficiaries going in as well and taking out items. I live out of the country and she wouldn’t listen to me that executors have to act in the best interest of the estate and not personal gain. I... Read more »

C. Lawrence Huddleston III
C. Lawrence Huddleston III answered on Nov 28, 2020

She won't listen, so the only option is for you and your brother to hire an expert probate lawyer, and probably file your own action to be appointed and to remove her. At a minimum, you need to keep good notes of what she is doing and need to meet immediately with your own lawyer. Most... Read more »

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