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Ohio Probate Questions & Answers
1 Answer | Asked in Probate for Ohio on
Q: I paid my step mother for the difference of my father’s funeral, can I have her contact information removed and mine add
Aaron Epling
Aaron Epling
answered on Apr 21, 2023

Not sure what you're asking about. I'm in Columbus. Feel free to call.

1 Answer | Asked in Probate for Ohio on
Q: Best probate option when siblings agree and parent only owns an older double wide and a truck that needs junked?

Our father passed away without a will. My sister and I agree on everything. The double wide is only worth about $20,000 and truck junk price. We still do owe $6500 on funeral costs and he was on Medicaid for 3 months in the nursing home.

Aaron Epling
Aaron Epling
answered on Apr 19, 2023

Medicaid could have an interest in the estate. But, you should be able to get paid the funeral costs back at a minimum. Give us a call and we can help.

2 Answers | Asked in Probate for Ohio on
Q: Ohio resident dies intestate/no will

Ohio resident had no spouse or children. Resident's parents are deceased and has siblings. One sibling legally disclaims entire estate. Do the children of the disclaimed sibling have a legal claim or would the entire estate go to the remaining siblings of the deceased?

Andrew Popp
Andrew Popp
answered on Mar 29, 2023

Without going into a more detailed analysis, I can tell you that the heirs at law pursuant to Section 2105.06 of the Ohio Revised Code would control where the assets went. The link is below. I would encourage you to sit down with a qualified probate attorney to ensure the estate is handled... View More

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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: My grandmother passed away end of Oct. I was labeled as a beneficiary. House sold beginning of march. How long till paid

Thank you

Aaron Epling
Aaron Epling
answered on Mar 23, 2023

If there aren't any other assets or creditors, then maybe pretty soon. But, it's not unusual for payout to take a while if tax returns need filed, other assets need dealt with, or creditors need paid.

1 Answer | Asked in Family Law and Probate for Ohio on
Q: My parents made changes to their will and signed and had this witnessed leaving me their house.

My parents made a change to their will leaving me their home. This was signed by them and had two witnesses. My parents died a few days apart from Covid. The probate judge has had their will for over 2 years and says he never seen this. Now my attorney has to file a case law. I’ve been living in... View More

Aaron Epling
Aaron Epling
answered on Mar 20, 2023

Even if the will says that you get the house, and assuming the house is going through probate, the judge can force the sale if the estate has creditors or other beneficiaries with interests that cannot be resolved without selling the house. I advise you to ask the attorney whether s/he represents... View More

1 Answer | Asked in Probate for Ohio on
Q: my step father passed in Dec, my mother passed this week. She was sick and didn't probate or do anything with his will.

How do we proceed with her will and the estate.

His name is the only one on house and car and bills

Joseph Jaap
Joseph Jaap
answered on Mar 18, 2023

You'll need to probate your father's estate first, then your mother's estate. If he had no assets, then it might not be necessary to probate his estate. Use the Find a Lawyer tab to retain a local probate attorney to review it all with you, answer your questions, and advise what needs to be done.

2 Answers | Asked in Probate for Ohio on
Q: I have 1 small check made out to estate of my mom that I forgot about and closed my mom's checking acct. How can I

Close her estate without going through lengthy process to cash small check?

Andrew Popp
Andrew Popp
answered on Mar 12, 2023

Depending on the circumstances you may be eligible to obtain a release from the Court from a full probate and obtain an order regarding payment of the check. I suggest sitting down with a probate/estate planning attorney to discuss in more detail.

Best of luck.

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1 Answer | Asked in Probate for Ohio on
Q: What do I need to do to have a will in summit County,Ohio probated in Alabama?
Andrew Popp
Andrew Popp
answered on Mar 7, 2023

I encourage you to sit down with a probate attorney. The first question I would ask is why are you seeking to probate the Will? What are the assets, where was the primary residence, were they set to pass through another testamentary mechanism?

At a basic level, if you are looking to find...
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1 Answer | Asked in Probate for Ohio on
Q: What do I need to have a will in summit County probated in Alabama?
Joseph Jaap
Joseph Jaap
answered on Mar 7, 2023

Use the Find a Lawyer tab to find probate attorneys in Summit Co., AL who can advise you on the AL probate process. Talk to a few and select one to work with.

2 Answers | Asked in Probate for Ohio on
Q: What happens when a surviving spouse dies and assets are found from deceased spouse.

Hello my mother was a surviving widow and has now passed away. She died with a will, and left everything to her surviving children. Financial assets have been discovered from my dad who died prior to my mom and without a will. He had other children from (previous marriage) and not all of us... View More

Joseph Jaap
Joseph Jaap
answered on Mar 7, 2023

A family member will have to apply to the probate court to be administrator of your father's estate. The administrator of his estate will then divide the newly-found assets, first to your mother as his surviving spouse at the time of his death, and then any remainder divided between his... View More

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2 Answers | Asked in Probate for Ohio on
Q: Question about my parents estate

Hi, I have a situation where both of my parents (whom were married)are deceased. There are 3 children but I am my father's only biological child. My brother and sister are not my father's bio children nor were they ever formally adopted. Recently, I was contacted by a company that finds... View More

Aaron Epling
Aaron Epling
answered on Mar 6, 2023

Most likely the stock will go to the beneficiary named under his will, or by intestacy if he didn't have a will. A few other things could be really important. Contact an attorney for this one. You're going to need to open probate at a minimum.

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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: What happens if heirs refuse to sign waiver of notice because of stepmother is petitioning for administrix?

My father-in-law passed away and my husband and his brother and sister don't get along with their stepmother. We received a waiver of notice from our local Ohio probate court listing the stepmother as administrix of my father-in-law's estate since he passed without a will. They don't... View More

Andrew Popp
Andrew Popp
answered on Mar 2, 2023

If you don't sign the waiver of notice, then the applicant must send you formal service of process to notify you of the application to administer the estate. You will get a hearing date and have the opportunity to voice your concerns to the judge.

All in all, it sounds like you may...
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1 Answer | Asked in Probate for Ohio on
Q: Can I go to my local bmv and file a paper to transfer title and register my motorcycle in my name?
Aaron Epling
Aaron Epling
answered on Feb 20, 2023

This depends who it is currently titled to. Please advise.

1 Answer | Asked in Identity Theft and Probate for Ohio on
Q: Are fiduciaries legally bound to informing the beneficiary/sol heir about everything pertaining to after a death

I'm almost positive that my inheritance was stolen along with a motorcycle and house by means of forgery/fraud since I was not present due to incarceration but I know that things don't add up at all with what he told me up until his death. Im positive a Harley title was forged out of my... View More

John Michael Frick
John Michael Frick
answered on Feb 10, 2023

Yes, your fiduciaries (ie your personal attorneys, accountants, stockbrokers, holders of your signed POAs) have a duty of full disclosure.

In a probate scenario, where you claim to be the sole beneficiary and other family members may have helped themselves, those other family members are...
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1 Answer | Asked in Probate for Ohio on
Q: I live in Ohio. Tryng to fill out probate papers for deceased brother in NYC. Can someone help/guide us on filling out?

No will was found. Need to transfer next of kin responsibilities from mother to sister. The mother is incapable to handling details and wants to pass on to daughter. We're trying to fill out forms ourselves but having difficulty understanding some of the procedures. We live in Medina, Ohio... View More

Joseph Jaap
Joseph Jaap
answered on Feb 7, 2023

OH law is different from NY law. You'll need an attorney in NY if that is where your brother lived. Use the Find a Lawyer tab to retain a local NY probate attorney who can review all the information, fill out all the NY probate documents properly, file them with the court, file any tax... View More

1 Answer | Asked in Real Estate Law and Probate for Ohio on
Q: I am married. We bought a home while married. Only his name was put on deed. What are my rights ? I want on deed

Attorney did this against our will. Said the grantor requested only his name be put on. Is that legal? This has caused major issues amongst the family. We paid for the house over 8 years paid cash to his mom. It was a quit claim deed. My name should of been put on right beside his at the same time.... View More

Aaron Epling
Aaron Epling
answered on Jan 27, 2023

He can quitclaim deed the property from himself to both of you with survivorship rights. If he's not willing to sign a quitclaim deed, then it gets more complicated.

1 Answer | Asked in Criminal Law, Child Custody, Child Support and Probate for Ohio on
Q: If I'm 17 and on probation can I move out of my house if I have a stable place to move to and I stay in school as well?
Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Jan 24, 2023

That is a question for your probation officer.

1 Answer | Asked in Family Law and Probate for Ohio on
Q: My children were born at home in the US (Ohio). How can I get birth certificates for them?

Unassisted home birth, no medical records. Baptismal records exist. More than 1 year since birth.

John Michael Frick
John Michael Frick
answered on Jan 22, 2023

Please follow the steps below to file the certificate:

Download and fill out the New Born Birth Certificate Packet

Gather required documentation. See page 1-9 of the New Born Birth Packet

Contact the Vital Statistics Registrar at (513)732-7499 to schedule an appointment to...
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1 Answer | Asked in Family Law and Probate for Ohio on
Q: My mom passed away and she has a van in her name which my drug addicted nephew drives around in. Since the van is in the

Estate how do I go about getting the van back from him. My mom has 5 grown kids. If he was in a bad accident and killed somebody, I’m afraid we could all be sued. What should I do?

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 26, 2022

Open the estate and report the car as an asset. As administrator/executor, report the car as stolen and inform the police where it is.

2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Ohio on
Q: OH TOD deed to one person, then a new TOD deed to another but that one was revoked. Is the first one still valid?

My great aunt signed a TOD deed on her home and my mother was the beneficiary. Later my great aunt signed another TOD deed with her neighbor as beneficiary, but then revoked the TOD deed to the neighbor several years later. Is the one to my mother still valid if it was never revoked? What if a... View More

Joseph Jaap
Joseph Jaap
answered on Dec 22, 2022

It depends on how each was worded and if they were properly executed and recorded. They would have to be reviewed by an attorney to give an accurate answer. A properly worded, executed, and recorded TOD affidavit would take precedence over a different designation in a will. Use the Find a Lawyer... View More

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