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Ohio Probate Questions & Answers
2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: My MIL died without a Will in Ohio. She owned her house out right. How can we transfer the title to her son?
Moshe Toron Esq
Moshe Toron Esq answered on May 21, 2022

It needs to go through the probate court in Ohio.

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0 Answers | Asked in Probate for Ohio on
Q: My friend received a notice of a probate hearing regarding her deceased girlfriend. She had been POA and executator

What will this hearing be about? It says partial account. And the estate has a value of $60500.

0 Answers | Asked in Probate for Ohio on
Q: In filing a Final and Distributive account for an Ohio probate estate 13.1 do I need list all assets in the Inventory?

... particularly if the assets, like a car, have been sold and the money from the sale is listed as general income on the form, does the car need to be shown on Probate form13.1 as a specific receipt .

1 Answer | Asked in Probate for Ohio on
Q: Can the executor of a will take all cash out of deceased accounts and not report it when filing will for probate.
Aaron Epling
Aaron Epling answered on Apr 28, 2022

Depends. If the executor is also a joint owner or a beneficiary on those accounts, then YES. If the accounts are in the decedent's name and no beneficiary or joint owner exists, then NO.

1 Answer | Asked in Probate for Ohio on
Q: How do Seniors actually find a pro bono litigation attorney to contest the will in Belmont County Ohio
Joseph Jaap
Joseph Jaap answered on Apr 27, 2022

Try your local Senior Services agency, local legal aid, or the Ohio Dept. of Aging PASSPORT program.

https://aging.ohio.gov/care-and-living/get-help/home-and-community-care/passport-1

But those services might not help to contest a will. If there is an estate with money, and someone...
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1 Answer | Asked in Probate for Ohio on
Q: Probate Court of Clermont County,Ohio. Notice of probate of will. A legatee or devisee named in the will May2,2022

additionally, Notice of application to relieve estate from administration.Stating the assets in the estate do not exceed the statutory limits.

If I know of any reason why the application should not be granted, I should appear and inform the Court. does a certified letter to the court suffice?

Joseph Jaap
Joseph Jaap answered on Apr 22, 2022

A relief from administration is filed when the estate is small. You can file a claim with the estate, or If the probate court holds a hearing, you can attend that. Call the court to find out the status and any scheduled hearing. Use the Find a Lawyer tab to retain a local attorney to review the... Read more »

1 Answer | Asked in Probate for Ohio on
Q: My Aunt's boyfriend of 20 years passed suddenly.

My Aunt's boyfriend of 20 years passed suddenly. They had finally decided to get married after all this time. My Aunt has cared for ailing family members for a long time and that being the reason they hadn't done it yet. Her boyfriend was extremely organized and responsible and had a will... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 21, 2022

If there is no will, then your aunt has no legal claim to his estate, unless she can claim reimbursement for any expenses she paid on his behalf or if there is any personal property that they owned jointly. A friend or caregiver has no legal status without a will directing that they receive... Read more »

1 Answer | Asked in Probate for Ohio on
Q: How to get access to safe deposit box of deceased mother?

What do I need to do legally to access the safe deposit box of my mother, who lived and died in New York, but apparently still has a safe deposit box in her name in Ohio? She died 15 years ago, I am only surviving family member. There was no will and no assets beyond funeral expenses.

Aaron Epling
Aaron Epling answered on Apr 19, 2022

You may have to open probate in New York to get an executor appointed who would have authority to go to the bank and remove the assets. If you just want to find out whether anything is in the safe deposit box, then Ohio has a mechanism to allow access for the purposes of creating an inventory of... Read more »

1 Answer | Asked in Probate for Ohio on
Q: What exactly is. Ohio Uniform Principal and Income Act, O.R.C. 5812
Aaron Epling
Aaron Epling answered on Mar 28, 2022

Try here:

https://www.ohioprobatelawyer.com/trusts/2018/07/27/difference-between-taxable-income-and-accounting-income/#:~:text=Ohio%2C%20like%20most%20states%2C%20has%20adopted%20the%20Uniform,on%20accounting%20income%20are%20also%20allocated%20to%20income.

1 Answer | Asked in Adoption, Child Custody and Probate for Ohio on
Q: How do I know who has custody of a minor child in Ohio

My husband and I have had full custody of his 13 year old son for over 10 years now. Mom has since had another child who is now 6 years old which custody was given to her mother who has since passed away. The child is now back in her mothers care but need to know how to help grandma/ myself get... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 9, 2022

If the child is not going to be placed with child services because of the mother's drug use, then you or the grandmother can file a private custody action in Juvenile court. You or her will need to prove 1) that the mother is unfit and 2) that putting the child in the care of a non-parent is... Read more »

2 Answers | Asked in Probate for Ohio on
Q: Do I have any rights to my deceased grandmother's condo? My uncle is trying to sell it while I'm living in it.

I have been living with my grandmother for the last year as her caregiver. Her will left everything to one of my two uncles, but he doesn't want anything because he receives social security and doesn't want to jeopardize it. My uncle who is trying to kick me out and sell the condo... Read more »

Aaron Epling
Aaron Epling answered on Mar 4, 2022

You could file a claim against her estate within 6 months of the date of death for payment as a caregiver if you had an agreement to receive payment. Otherwise, your uncle now owns the condo and has the right to sell it.

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1 Answer | Asked in Probate for Ohio on
Q: Do you have to go through the probate process to settle an estate If a person dies without a will?
Beverly A Stull
Beverly A Stull answered on Feb 28, 2022

You may have to go to probate whether or not there is a will. Probate property is that property which does not have a beneficiary or a joint owner, and is not in trust. For example, IRAs often have beneficiaries. If the beneficiaries are living, the IRA would transfer without probate. Married... Read more »

1 Answer | Asked in Probate for Ohio on
Q: Can one submit and update probate inventory if another asset for estate has been acquire since approval.

My mother's estate has just received refund checks and I filed IRS taxes. Now expect State and Federal refunds

Beverly A Stull
Beverly A Stull answered on Feb 23, 2022

You will need to file a Report of Newly Discovered Assets. Some counties provide a form, while you may have to make up the form for other counties. If your county has a form, it would be available online at the court website.

1 Answer | Asked in Probate for Ohio on
Q: How does one notify probate court of a new estate account after inventory approval
Aaron Epling
Aaron Epling answered on Feb 18, 2022

It depends on the court. Some courts will allow you to file a "Newly Discovered Assets" form. Others may make you amend the inventory. The clerk should be able to tell you what their requirements are for new assets.

1 Answer | Asked in Probate for Ohio on
Q: In the state of Ohio can an executor be out of state? Would they be responsible for deceased SS benefits

My sister passed and her husband passed years ago as well. She has 2 daughters that are 7 and 9. Can my brother be the fiduciary from out of state. Also, would the executor also be responsible for the deceased SS benefits for the kids?

Andrew Popp
Andrew Popp answered on Feb 10, 2022

If your brother was named an executor in the Will then yes. If he was not named, then no he cannot be an out of state executor.

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: My partner passed away suddenly without a will. His estate is now in the hands of the son who needs my help and guide

My partner and I had a business together. The business is under his name. I am unsure how the son needs to sort that out as well as his other business and even personal things needing to be done with possibly taxes, debts or assets.

Andrew Popp
Andrew Popp answered on Feb 1, 2022

Determining how a business is to be handled is a complex question. You need to review the operating agreement or bylaws depending on how the business is organized. I highly recommend sitting down with a probate attorney to review the situation in detail and advise you.

Best of luck.

1 Answer | Asked in Probate for Ohio on
Q: Guardianship help. I am finalizing a final accounting for my ward that is deceased in Lake County. I need help.

For the final accounting, on one hand the court told me I cannot spend any more money once the ward has passed. On the other hand I was told to take my fees and get rid of all the money in her guardian account. I feel my hands are tied and I can’t figure out how to do this final accounting. There... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 18, 2022

The probate court must approve expenditures, fees, and the final accounting. A local probate attorney can help you finalize the estate. If not done properly, you could be held financially liable for any errors. Use the Find a Lawyer tab to retain a local probate attorney.

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Trying to confirm the legitimacy of my fathers will. Upon his passing.

His wife AND his lawyer said they both have a copy of a 2018 rough drafted will (not signed nor registered). Later the wife finds another 2009 will she is stating it is signed (but not witnessed or registered). None of his children have been notified by a lawyer yet. Does she, as his wife have the... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 13, 2022

You can challenge the validity of the will when it is filed in the probate court. You should receive notice of documents filed with the probate court to open the estate, and then there can be a court hearing for you to object. The court is unlikely to accept a will that has not been properly... Read more »

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Ohio, an estate is in probate, the 2 cars were transferred into the 2 heirs names, is there a way to avoid capital gain?
Joseph Jaap
Joseph Jaap answered on Jan 7, 2022

Only valuable collector cars increase much in value to result in much of a taxable capital gain, although the used car market is seeing higher prices. But it doesn't matter, since an heir takes an asset at its current fair market value. If the heir sells immediately at the same fair market... Read more »

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: I want to know can someone be named the next of kin if they have blood relatives that are still alive?

My aunt passed away, and she doesn’t have any children, she was divorced, and her parents have passed on. I assumed that the next of kin would be the next blood relative, which would be my mother, because my mother is the oldest sibling. The hospital that my aunt passed at stated that another... Read more »

Andrew Popp
Andrew Popp answered on Jan 7, 2022

Your question implicates multiple provisions under Ohio's Revised Code.

Ohio Section 2108.70-2108.99 will be pertinent to your situation. I have included a link below to the chapter. All in all, you may need to retain an attorney if there is a dispute regarding your aunt's...
Read more »

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