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Ohio Probate Questions & Answers
2 Answers | Asked in Probate for Ohio on
Q: All liens and creditors are paid off.Can the estate be turned over to me immediately and the funds in my name?

My lawyer has control of my father’s estate. Ohio commerce has 120 day processing turnaround. This was supposed to be done in August 2023 when he first received it.

Aaron Epling
Aaron Epling
answered on Mar 27, 2024

You should ask the executor or administrator. If the attorney is acting as executor or administrator, then they have a duty to keep you informed. If you're dealing with unclaimed funds, then any delays could be justified.

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2 Answers | Asked in Estate Planning and Probate for Ohio on
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... View More

Beverly A Stull
Beverly A Stull
answered on Mar 7, 2024

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.

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0 Answers | Asked in Estate Planning, Elder Law, Health Care Law and Probate for Ohio on
Q: I'm looking for a way to protect assets from medicare/medicaid and retain the Homestead Act deduction in Ohio.

The primary concern here is end-of-life care, which is to say nursing homes. I'm aware of the 5-year waiting period before these things generally come online.

Will a Living Estate work- I see it works in some states- or is that shut down in Ohio? Are there other options that would... View More

1 Answer | Asked in Banking, Personal Injury and Probate for Ohio on
Q: I have a question about my late husband who is now passed

My husband had a stroke a few years back I took care of him as he was 24/7 care at home for almost a year ,well in that year I was driving out car that was in his name and someone hit my car wrecking it completely,it had to be totalled out i was also hurt in this accident went to court, even though... View More

James L. Arrasmith
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answered on Mar 2, 2024

Firstly, my condolences for your loss. Dealing with legal matters after the passing of a loved one can be overwhelming. In your case, since the check is in your late husband's name, you'll need to follow certain procedures to cash it. You should reach out to the issuing party or bank to... View More

1 Answer | Asked in Probate for Ohio on
Q: I have an insurance check made out to my mother's estate. Can I just deposit that in her personal account so I don't hav

She gave me power of attorney to write checks in her behalf and to oversee her account. But now that she's passed we didn't get the executor of the will and the will in time. She has no other assets no property no house no cars nothing

Joseph Jaap
Joseph Jaap
answered on Feb 26, 2024

The bank might or might not allow deposit of the insurance check. A Power of Attorney terminates when the person dies. So any use of that POA now would be unauthorized. If the bank won't accept it, ask the insurance company if it would reissue the check to an heir or beneficiary. If not,... View More

1 Answer | Asked in Probate for Ohio on
Q: Hello, My son recently passed away without a will and we need to start probate. What are the first steps?

He was not married but had a partner of 12 years. They have an 11 year old son. We are just not sure where to turn.

Aaron Epling
Aaron Epling
answered on Feb 23, 2024

The son will probably inherit any probate assets. You should probably talk to an attorney to make sure the interests of the son are secured and protected.

1 Answer | Asked in Probate for Ohio on
Q: Documents were falsified after my father died this year. I have since been cut out of all my father’s assets.

My step mom claimed she was my biological mother on court documents so that she would not have to share his assets with me. She then claimed he had no belongings so that she could avoid probate court entirely. What she did claim he had was only $4,000 worth. I would like to know if I have any... View More

Aaron Epling
Aaron Epling
answered on Feb 22, 2024

Fraud can be reported to the court. I recommend having an attorney. The cost/benefit analysis is always important here because it costs money and time to convince the court that a fraud occurred.

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Sister was removed as guardian d/t malfeasance. Can our family forgo guardianship and return to my power of attorney?

My sister was removed as guardian recently. I was the power of attorney before her guardianship. We have had many issues with the courts and feel it is too expensive and time consuming. Is it possible to re-enact the power of attorney document or should I apply for guardianship?

Aaron Epling
Aaron Epling
answered on Feb 21, 2024

If the POA is durable, then you may be able to terminate the guardianship due to there being a less restrictive alternative available. I recommend asking your attorney about this.

2 Answers | Asked in Estate Planning, Collections and Probate for Ohio on
Q: Does my dad's life insurance policy have to go toward medical debt before being dispersed to beneficiary?

My dad passed away last summer. My sister (beneficiary) has been given a check from my father's life insurance policy and we are told the funds will be available in ~2 weeks. However, my dad has a high amount of medical debt left over. Is the life insurance money safe to be used or will... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 19, 2024

Proceeds from a life insurance policy, where the beneficiary is a named living individual(s), pass outside of the probate process, and the creditors have no claim to it because those proceeds are not part of your dad's estate.

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2 Answers | Asked in Tax Law, Estate Planning and Probate for Ohio on
Q: My husband died 3 years ago. I have been paying 3 cc s I changed on since then. Can I stop paying? I’m 71 w no assets

These don’t show on my credit report

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 19, 2024

More information is needed here. For example, based on your post, are you suggesting that these 3 credit cards are in your deceased hsuband's name only? Anyway, the short version is that if you stop paying then you are exposed to being potentially sued and the question is whether or not... View More

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3 Answers | Asked in Probate for Ohio on
Q: I am listed as beneficiary on my father’s will. It by name excludes my sister. Should I be concerned about her contestin

The will excludes her by name. She says dad told her that she would be taken care of. She claims she is getting an attorney. He has passed away.

Aaron Epling
Aaron Epling
answered on Feb 14, 2024

Assuming your father is still alive, he could communicate with her his wishes and this would reduce the risk of litigation. He could also initiate ante-mortem probate to make sure the will gets admitted while he's alive. If she's getting an attorney, then you probably need to speak to one as well.

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: I have a 98 year old father. He has a will. Is there a way to avoid probate on is condo or does his will do that?

His will splits his estate 50-50 between my sister and myself. I have financial POA.

Nina Whitehurst
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answered on Feb 9, 2024

A will absolutely does not avoid probate. Rather, it guarantees probate. Avoidance of probate requires a different technique such as a trust or a transfer on death designation/document. An estate planning attorney can help you choose the best probate-avoidance technique for you.

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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Does the wife need to file a will and/or ask for summary release from administration in Ohio for a very small estate?

My husband died three weeks ago, leaving a will with me as sole beneficiary and executor. Cremation is fully paid for, and there are no children, no previous marriages, his family are all deceased. My husband's house has already been transferred to me by a Transfer on Death affidavit, so no... View More

Beverly A Stull
Beverly A Stull
answered on Feb 4, 2024

ProSeniors is correct. From your description, the only asset you would have to probate is the $40 bank account and it would cost more to probate it than it is worth.

1 Answer | Asked in Probate and Small Claims for Ohio on
Q: If I missed filing probate for my father's things can I take someone to small claims court?

My father died about 31yrs ago. At the time I didn't know probate law the way I know it now so I didn't know that I only had a certain amount of time to get my father's things. His girlfriend at the time was upset because she found out he was cheating on her when he had an aneurysm... View More

Nicholas P. Weiss
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answered on Feb 14, 2024

There is almost no chance of you recovering his belongings after 31 years of no action.

1 Answer | Asked in Probate for Ohio on
Q: I have a question about a car title with rights of survivorship

My stepfather left me his vehicle before he passed but it is in his and my mother's name with the word and in between and wros at the end. She passed away before he did and he never changed the title to just his name but he signed his name before he passed. Was he supposed to sign her name to... View More

Aaron Epling
Aaron Epling
answered on Jan 26, 2024

Unless there's a beneficiary on the title, the car will have to be probated. Your stepfather's next of kin are entitled to the car. If they were all willing to assign their interest to you, then you could get the car.

2 Answers | Asked in Real Estate Law, Collections, Health Care Law and Probate for Ohio on
Q: Hello. I'm wondering is there a statute of limitations for a property title lein in the state of Ohio?

I have a property i recieved through probate that my parents once owned. I had to settle their debts first (tax lein and medicaid lein). Probate closed over a year ago but now I an finding out I have "encumbrances" attached to the title of my property. One in particular is from a nursing... View More

Aaron Epling
Aaron Epling
answered on Jan 12, 2024

I've never heard of anybody getting out of paying the Medicaid claim by waiting for the statute of limitations to run.

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2 Answers | Asked in Estate Planning, Family Law and Probate for Ohio on
Q: My adult child passed away and has no will, very little assets ,very little debt
Todd B. Kotler
Todd B. Kotler
answered on Jan 11, 2024

It's difficult for an attorney answering this question to know what "very little" means. Assuming we are talking less than a couple $1000, the family could file for an administrative relief from probate / summary administration. If the assets are even less than 1000 the family may... View More

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1 Answer | Asked in Estate Planning, Landlord - Tenant and Probate for Ohio on
Q: My father passed away in early November 2023. I've filed with the probate court to be named administrator. What else?

theres another sibling involved who is still residing in the home and I need them out. Water and electricity are shut off and it is uninhabitable. How do I get them out of the house? What are my next steps?

Andrew Popp
Andrew Popp
answered on Dec 20, 2023

Here in Ohio the answer depends on a number of factors. Being appointed the administrator of the estate is a good first step. If the sibling has established residency you may need to commence eviction proceedings to get them to leave.

All in all, I recommend sitting down with a qualified...
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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: If an executor is on a bank account does that make the money theirs or does that money get considered in the will?

The will states any money in the bank or deposits on hold shall be divided.

Aaron Epling
Aaron Epling
answered on Dec 18, 2023

"on the bank account" is a bit vague. If the person named as executor was a beneficiary or a joint owner of the account, then that money is theirs, it's not subject to probate or the will, and they don't have any obligation to share it. If the executor has a bank account titled... View More

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1 Answer | Asked in Family Law, Estate Planning and Probate for Ohio on
Q: Is my husband able to collect his fathers personal affects?

My father in law passed away recently without a living will and my husband is next of kin, but his father was living with his niece at the time of death who will not contact us. We are trying to get his affairs in order and My husband was wondering if he was aloud to collect his fathers things from... View More

Todd B. Kotler
Todd B. Kotler
answered on Dec 13, 2023

Your husband will need to open an estate administration case in probate court to exercise his rights regarding his father's estate. His cousin (the father's niece) has a right to keep people out of her apartment. Thus the only way to force her to do anything will be to get an order... View More

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