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Ohio Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning for Ohio on
Q: In a trust if it says all assets to be split does that include savings and checking even with a TOD in place on them?

The trust doesn’t mention any certain assets just says all assets to be split. But the checking and savings have a transfer of death to someone else and they are saying it’s all theirs.

Andrew Popp
Andrew Popp
answered on May 28, 2023

Trusts only control assets that are inside the Trust. As Mr. Toron said, if an account is owned by a Trust and has a POD/TOD designation, that will not do anything as Trusts do not "die."

For a review of Trust assets and to determine how they will get to a beneficiary I highly...
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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: If both spouses die "simultaneously" and they have different back-up executors to their will, which executor handles the

which executor handles the jointly owned accounts? Who does the money in those accounts go to?

Moshe Toron Esq
Moshe Toron Esq
answered on Apr 29, 2023

The funds in the joint account go to the second spouse to die and administered under the will of the second to die. If the order of deaths is unknown, then you need to speak to an attorney.

Other assets are more complicated, as it depends how the wills were written and how they address...
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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: If both spouses die "simultaneously" and they have different back-up executors to their will, which executor handles the

which executor handles the jointly owned accounts? Who does the money in those accounts go to?

Andrew Popp
Andrew Popp
answered on Apr 30, 2023

A more thorough analysis would be needed. Here in Ohio, a beneficiary must survive the principal by a least 120 hours or they are viewed as having predeceased the other. As for the executor, each person has their own probate and you can have a different person for the husband/wife's case.... Read more »

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1 Answer | Asked in Probate and Estate Planning for Ohio on
Q: When someone dies with a Will which clearly conveys ownership of all their property to their spouse, is probate required

Surviving spouse is afraid that Probate Court process is required in all death of spouse situations.

Joseph Jaap
Joseph Jaap
answered on Apr 27, 2023

If the real estate transfer is in the will, then probate court is required to get a Certificate of Transfer. When the transfer is by a survivorship deed or by transfer on death affidavit, probate court is not required for that transfer, but might be required if there are other transfers under the... Read more »

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: My mom passed away in December. Nothing of value in her name. Received a claim against her estate. Not sure what to do

She does have a bank account with maybe $600 in it. I have not done anything to get access to this account. I also did not file her taxes. Looking for guidance or at least to be pointed in the right direction to a lawyer who can assist.

Andrew Popp
Andrew Popp
answered on Apr 22, 2023

If you want to try to settle her estate you likely will need to open up a probate case. The person appointed to be the administrator / executor has the legal authority to settle debts, file taxes, etc. on behalf of the estate. Keep in mind that most creditors must present their claims against the... Read more »

1 Answer | Asked in Estate Planning and Business Law for Ohio on
Q: In Ohio, if a spouse (who became an LLC member before marriage) dies, does the surviving spouse automatically...

Become the assignee of the deceased member's portion of interest in the company? Or can the LLC's operating agreement keep them from receiving any of the profits generated yearly by the LLC until dissolution of the company?

Matthew Williams
Matthew Williams
answered on Mar 11, 2023

One spouse may certainly inherit the other’s interest in the LLC or part of it. It’s not exactly automatic. Exactly what depends on the total estate, other heirs, and terms of any will, prenuptial agreement, or other contracts. Inheriting is not exactly the same as being an assignee but the... Read more »

2 Answers | Asked in Contracts, Real Estate Law, Tax Law, Elder Law and Estate Planning for Ohio on
Q: My mom is wanting to put her house in mine and my sisters house name, what would that do yo our taxes?
Andrew Popp
Andrew Popp
answered on Mar 7, 2023

I recommend sitting down with an estate planning professional to discuss. If your mother makes such a transfer it could be subject to gift taxes. Additionally, if she were to need benefits under a needs based assistance program like Medicaid, such a gift would impact her eligibility and may mean... Read more »

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2 Answers | Asked in Contracts, Real Estate Law, Tax Law, Elder Law and Estate Planning for Ohio on
Q: My mom is wanting to put her house in mine and my sisters house name, what would that do yo our taxes?
Joseph Jaap
Joseph Jaap
answered on Mar 8, 2023

If she transfers her house to you both as a gift, in addition to possible gift taxes, you and your sister will acquire the home with your mother's cost basis for income tax purposes, so that when you and your sister sell it, you both will also pay capital gains taxes on the increase in value... Read more »

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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... Read 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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2 Answers | Asked in Estate Planning and Family Law for Ohio on
Q: I would like to know how to revoke a power of attorney. My mother is competent, and wants POA moved to me.
Joseph Jaap
Joseph Jaap
answered on Jan 25, 2023

Along with executing the new POA that specifically revokes the prior POA, anyone who received the prior POA should be notified that the prior POA is revoked, and provide a copy of the new POA. Until someone is notified that the prior POA has been revoked, they will have no way to know there is a... Read more »

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1 Answer | Asked in Estate Planning for Ohio on
Q: Is there a law in any state that says I cannot receive gold jewelry as part of an inheritance?

I’m being told the jewelry must be melted and molded into gold bars and sold to a broker.

Aaron Epling
Aaron Epling
answered on Jan 17, 2023

I'm not aware of any reason why you couldn't receive your inheritance in kind; assuming the estate is solvent. If the executor won't work with you in a reasonable manner, then you probably need your own attorney.

1 Answer | Asked in Estate Planning and Family Law for Ohio on
Q: My papaw had a will drawn up before he was diagnosed with dementia, his wife then got a letter from their doctor saying

He was no longer competent my dad is his beneficiary to his will, my granny then made another will and is saying she gets all my papaws estate money & vehicles. Is my papaws will null and void now that she made another will for herself and my dad gets nothing?

Aaron Epling
Aaron Epling
answered on Jan 9, 2023

You must have "testamentary capacity" to execute a will. Testamentary capacity means that your Papaw does:

1. Understand the nature of the business in which he is engaged;

2. Comprehend generally the nature and extent of the property which constitutes his estate;...
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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... Read more »

Moshe Toron Esq
Moshe Toron Esq
answered on Dec 22, 2022

As a general rule, a new TOD designation affidavit revokes the old TOD designation affidavit , regardless of whether it says so on the new TOD designation affidavit or not.

Therefore, it is very possible that the property will go to the person named in the will.

Having said that,...
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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... Read 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... Read more »

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1 Answer | Asked in Estate Planning for Ohio on
Q: My mother's will designates that her house be sold and split amongst the 4 remaining children. Do we need to get a lawye

In order to sell the house its in Kentucky

Aaron Epling
Aaron Epling
answered on Dec 16, 2022

You're not required to have a lawyer. Whether you would be wise to hire one is a different issue. Whoever ends up acting as the executor/fiduciary could open themselves up to liability in a number of ways.

2 Answers | Asked in Contracts, Estate Planning, Real Estate Law and Probate for Ohio on
Q: My grandmother gave her house to her first born grandchild without a will just word of mouth. My father was suppose to

Inherit some land but has passed away. The land would have gone to my mother who also passed away. My cousin wants my siblings and myself to sign a deed gift receipt so she can own the land free and clear (she said a surveyor determined the land my father would have received and her house have been... Read more »

Joseph Jaap
Joseph Jaap
answered on Nov 30, 2022

If grandmother, father and mother all have passed away, and their estates were not submitted to the probate court in the county in which each lived, and because they owned real estate, then that is a big mess that will require an attorney to help sort it all out by opening the estate of each with... Read more »

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1 Answer | Asked in Estate Planning, Elder Law and Probate for Ohio on
Q: to contest a will does it need to be probated first?

will changed after many yrs and just 10 mo. prior to mothers death and mother was in a very vulnerable position with monies, travel to Dr. visits, food etc and older son had just had stroke 2 months before the will change and younger son took advantage of this.

Joseph Jaap
Joseph Jaap
answered on Nov 28, 2022

To open an estate, the executor named in the will should file it with the court and must give notice to all the next of kin that it has been filed, and then family members can contest the will if they have suspicions. If the named executor doesn't open the estate, any other family member can... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Ohio on
Q: mothers will was changed 2 months after my stroke and she died just 10 months later she was vulnerable at the time ?

She had no transport/way to get food etc. as I was not able at the time to do for her-I feel he took advantage and he had unreal financial debt at the time. what can I do? My younger brother did this to her

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Nov 28, 2022

You can hire an attorney to contest the will on the basis of lack of capacity or undue influence or both. Do not delay because there are deadlines for will contests. If you miss a deadline you will lose your right to ever contest the will.

1 Answer | Asked in Probate and Estate Planning for Ohio on
Q: I received a check from my deceased husband's pension, to the estate of his name. I'm his beneficiary .

What do I do with the check. He had no will. His two children are grown adults. We owed nothing as far as property or vehicles or financial accounts. Desperate in akron,ohio

Andrew Popp
Andrew Popp
answered on Oct 27, 2022

I recommend contacting the pension company to see how things were set up. If you are indeed the beneficiary, then the bond company will usually re-issue the check in your name. On the other hand, if you are not the beneficiary on the account, then the check is an estate asset and you need probate... Read more »

2 Answers | Asked in Estate Planning for Ohio on
Q: I do not have an attorney. How should I pick one to do estate planning? What should I consider?
Beverly A Stull
Beverly A Stull
answered on Oct 7, 2022

You can search for an estate planning attorney on Justia or on Avvo. Both list attorneys by location and type of law they practice. When you see one that you would like to know more about, you can look at their website, the reviews that their clients have left, and just general information about... Read more »

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