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Ohio Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning for Ohio on
Q: Is there any way to get around buying a sibling out of a property, in a situation where there is no will?
Moshe Toron Esq
Moshe Toron Esq answered on Feb 27, 2021

If there is no will, then all siblings inherit equally. If one does not buy out the others or if the property is not sold, then they all end up owning the property equally, as tenants in common, with equal rights to inhabit the home.

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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: My deceased father was the beneficiary of the policy but,as I stated I believe since my sisters was given power of

Over his estate does the mean she becomes the beneficiary or am I entitled to it

Andrew Popp
Andrew Popp answered on Feb 23, 2021

I'm sorry, your question seems to have been chopped up a bit. You may need to sit down with an attorney as there are some critical factors missing. What type of policy was he the beneficiary of? Did he ever receive any benefit from the policy? Power of attorney is not the same as being the... Read more »

2 Answers | Asked in Estate Planning for Ohio on
Q: My mom and I refinanced her house almost 2 years ago, she passed in Dec. Now my brother want to take it.

At the time the house was refinanced he had the option to be on the mortgage and he said he wanted no part of it. Our mom passed away on Dec 1,2020. As of Feb 20, he now want to take the house for himself and sell it. What options do I have? I am currently living there with my 2 oldest children.... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Feb 22, 2021

If there was a will, then it goes to those persons named in the will.

Otherwise, it would go the children, equally (if there is no living spouse.)

Either way, nothing can be done to the house until someone goes to court and is appointed as the Executor (or Administrator, if there is...
Read more »

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Do both parents of a jointly owned house need to be probated? Mom died 2012. Dad names me sole heir in the will in Ohio.

Both were on title. Mom was never probated. Mom had a very old will that was not updating leaving the house to dad than me. Dad is very sick and might die soon. I live in this property full-time as a caregiver and POA. We live in Ohio. Mom's debts were all paid off. Dad's estate may or... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Feb 21, 2021

If the deed was held as "joint owners with rights of survivorship" then only one probate is needed. Otherwise, two probates are needed.

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1 Answer | Asked in Business Law, Contracts, Landlord - Tenant, Estate Planning and Probate for Ohio on
Q: Is my mom responsible for payment of a business lease if she is not on it? Dad died, no will, landlord wants a yearof $

My dad signed a 2 year business lease on 1-19-2021. He passed away 1-31-2021. He leased for 30 years from the landlord, was never late with his payment and now the landlord wants my mom to pay him a year's worth of rent to end the lease. She was never on the lease. They were married for 60... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Feb 16, 2021

If your mom is not a guarantor or co-signer then she has no liability to the landlord and should not pay anything.

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: I need a certificate of heirship for my great grandmother died in Ohio . She wasn't probated. What documents do I need?

She had 3 sons and two daughters. My grandfather was one. He died and it went to his wife, my grandmother then to her children, two aunts gave me their share. I only need to prove heirship to my great grandmother I have the rest. Thank you

Andrew Popp
Andrew Popp answered on Feb 16, 2021

Who are you trying to prove heirship to? In Ohio determination of heirship is governed by Chapter 2123 of the Ohio revised Code. An action would need to be filed with the probate court to initiate those proceedings. It also may depend on what assets you are seeking to obtain. Assets that pass... Read more »

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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: My father passed away his bank account beneficiary is his ex-girlfriend but he said in his will im the beneficiary100%of
Nicholas P. Weiss
Nicholas P. Weiss answered on Feb 16, 2021

The bank beneficiary designation will govern and that money will not go through probate.

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: My father passed away his bank account beneficiary is his ex-girlfriend but he said in his will im the beneficiary 100%

They havent been together for years and i was juss wondering what i do about the account he put in his will that i get 100% of his belongings juss wanna kno wat i have to do

Joseph Jaap
Joseph Jaap answered on Feb 15, 2021

Good illustration of why beneficiary designations should be reviewed and updated frequently. The bank account beneficiary designation requires the bank to disburse that money to the beneficiary. That money is not part of his probate estate, so it is not controlled by his will. It goes to the old... Read more »

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2 Answers | Asked in Estate Planning for Ohio on
Q: Parents died the contents of the home to the estate and the house to my brother can he move in prior to the estate sale?

Brother wants to move into parents house before the estate sale happens. Is that allowed?

Aaron Epling
Aaron Epling answered on Feb 8, 2021

It depends how title is being transferred...i.e. trust, transfer on death, or will. Generally, title to real estate vests in the heir upon the moment of death. If the will says that your brother gets the house, or if your brother is a beneficiary under a transfer on death instrument, then he may... Read more »

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Is the family to Pay the nursing home debt of the passed client.. With no Medicaid assistance I am POA of Medical only
Joseph Jaap
Joseph Jaap answered on Feb 4, 2021

All POAs terminate with the death of the person who granted the POA. The debt to the nursing home is a debt of the deceased's estate. The family has no obligation to pay it themselves. The nursing home must file a claim against the estate within 6 months after the date of death, and if the... Read more »

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3 Answers | Asked in Estate Planning for Ohio on
Q: Can we buy our parents house for less than market value and not have a future reprisals?

We want to sell our house, buy my parents house at a lesser than market value, so we can move into the basement and give them the extra care they need. Will the state be able to come back on us and demand the rest of the money in the future? My parents are all for this and named the price he wanted... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 25, 2021

There could be some implications for taxes and possibly Medicaid. Your parents should retain an attorney who specializes in helping seniors to review their situation, explain their options, and advise them so they can decide how best to proceed. They can use the Find a Lawyer tab to retain a... Read more »

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2 Answers | Asked in Estate Planning, Landlord - Tenant and Foreclosure for Ohio on
Q: how to evict a family member who was only supposed to stay free for a couple nights and didnt leave?

my cousin asked for a place to stay, and he lost his job now hes staying here not paying rent although there is no rent agreement he was just supposed to stay a couple days and leave he kept procrastinating till he got mail here now hes using squatters rights on us so he dosent have to leave, how... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 25, 2021

If you own the property, you can evict any occupant by following the proper eviction process. Check your local court for the notice and other forms to file for an eviction, or use the Find a Lawyer tab to retain a local real estate attorney to assist you, because you want to do it right the first... Read more »

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1 Answer | Asked in Estate Planning for Ohio on
Q: how do I find forms to fill out for a guardianship estate

my brother is unexpectedly passed. he gave me directives for his medical and where and who his money goes to. be we need to fill out guardianship form and i cant find them, there is no will

Andrew Popp
Andrew Popp answered on Jan 25, 2021

Guardianship is the legal process where someone is appointed to handle the affairs of a living incompetent individual. The process you need to start in order to handle the assets of your brother is called probate. This is done in the County in which your brother lived at the time of passing.... Read more »

2 Answers | Asked in Estate Planning, Insurance Bad Faith and Insurance Defense for Ohio on
Q: Is a surviving spouse, if they did not sign a guarantee, required to pay hospital medical bills if the deceased spouse?

My cousin passed away from cancer. Over 1 year later, his wife received a Bill from a large cancer treatment center. She had great insurance. He was receiving experimental treatment. The bill was denied because it was above usual and customary. $71,000

Beverly A Stull
Beverly A Stull answered on Jan 23, 2021

According to recent Ohio case law, a creditor must deliver their claim to the estate's representative within 6 months of date of death. The cancer treatment center's claim should be denied.

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2 Answers | Asked in Estate Planning for Ohio on
Q: My father passed. I am his health and living will poa. No estate. I want to keep his van that he owed 7000 on. How?

My father had no estate. He owned nothing. He owes 7000 on his van. I can't let it go. It's all I have of his. How do I get to keep his van? What can I do?

C. Lawrence Huddleston III
C. Lawrence Huddleston III answered on Jan 22, 2021

Did he have debts? Did he have a wife or other children? Did he have a Will? Your question is more complex than anyone can answer without all facts. Someone needs to apply to become executor or administrator. If you want to know for sure, you need to consult with an expert probate lawyer.

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3 Answers | Asked in Estate Planning and Health Care Law for Ohio on
Q: Will durable powers of attorney for Missouri be honored in Ohio?
Mark Martin Turner
Mark Martin Turner answered on Jan 22, 2021

As a general rule yes. I do not practice law in Missouri but unless the POA in that state materially differs from those in Ohio they will and should be accepted by Ohio under the full faith and credit clause of the constitution. I am assuming that the POA does not limit itself to only Missouri... Read more »

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2 Answers | Asked in Contracts, Estate Planning and Probate for Ohio on
Q: Is a will valid if the executor is dead and the minor children listed as beneficiaries have since become adults?

About 30 years ago, my father, who recently passed away, created a will listing my grandmother as executor and me as guardian of estate along with my supposed half-brother. My grandmother passed away 13 years ago, I am in my mid 30s, and my supposed half-brother just turned 30. Would his will from... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Dec 26, 2020

The will is still valid.

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2 Answers | Asked in Estate Planning, Military Law and Probate for Ohio on
Q: How are heirs determined for a deceased person who passed without a will?

My father recently passed away. On paper, I am his only child. He and my mother were married when I was born and he is listed on my birth certificate. When I was in 5/6, he was dating a woman who was separated from her husband. This woman became pregnant and had a son that she claimed was my... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Dec 26, 2020

You will need to speak to an experienced probate attorney licensed in the state where the decedent lived. Probate law differs from state to state and you are requesting information on a very specific set of facts pertaining to an individual’s right lay claim to the estate. Only someone familiar... Read more »

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3 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Is there a penalty if no one steps up to go through probate court for someone who just passed away? There was no will.

The only asset was a bank account (no house, no car, no physical property of value) and the debts are known to be greater than the amount in the bank account and there was no will. There are younger adult children and they don't see the point in spending the time, money, and energy going to... Read more »

Aaron Epling
Aaron Epling answered on Dec 22, 2020

No!!! Don't give up. Ohio has a statute of limitations on claims against an estate. The person who paid the funeral or the next of kin could wait 6 months and get a court order to release the money. It is usually a fairly simple process. You could also get an attorney to do all of it for... Read more »

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2 Answers | Asked in Estate Planning for Ohio on
Q: As a beneficiary I never receive any communication whatsoever from the Executrix of my fathers estate. What can I do?

The attorney for my Fathers estate claims that the executrix (my sister) does not need to communicate with me. The attorney said she only needs to communicate with him. I am being told nothing. What can I do about this?

Mary Ellen Leslie Esq.
Mary Ellen Leslie Esq. answered on Dec 20, 2020

If you are a beneficiary, you have to be notified of the filing of an inventory and the final account, giving you an opportunity to object, and the Court would schedule a hearing on any and all objections. Other than that requirement, the fiduciary has no obligation to communicate directly with... Read more »

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