Columbus, OH asked in Estate Planning and Probate for Ohio

Q: My mom passed away recently. I was on her bank account as POD and listed as TOD on her home, which is now in my name.

I have since closed the bank account but now I am trying to buy her vehicle that she owed $8000 on before her death. When I file probate paperwork (I’m executor of the estate) to try and get the car, do I need to list all of her assets like the house and money that was in her account even though I was POD and TOD, or do I just list the car which is worth about $14,000?

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2 Lawyer Answers
Beverly A Stull
Beverly A Stull
Answered
  • Estate Planning Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: You only list those assets that are probate assets. Anything passed by a TOD or POD or a joint owner is not a probate asset.

Aaron Epling
Aaron Epling
Answered
  • Estate Planning Lawyer
  • Hilliard, OH
  • Licensed in Ohio

A: This may qualify for a release (an expedited probate process). In Franklin County, the court provides legal services to the public to help people with these cases and I believe it doesn't cost you anything. Call them at 614-525-3891 or 614-525-3894.

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