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Ohio Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Ohio on
Q: Can You Help?

My first cousin died. He left no will. He had no children. His wife, brother and sister are deceased. His parents and grandparents are also deceased. He has one living niece and one living aunt. He lived in Ohio. Based on this information, who do you think inherits his estate?

Moshe Toron Esq
Moshe Toron Esq answered on May 2, 2022

1/2 TO HIS BROTHER'S CHILDREN, EQUALLY.

1/2 TO HIS SISTER'S CHILDREN, EQUALLY.

1 Answer | Asked in Estate Planning for Ohio on
Q: My questions are: what exactly is she entitled to if there is a life estate and is a copy of the trust enforceable?

My dad passed away in 2005, and he has a will and a trust set up. The trust states that my brother and I receive everything and once we were both of the age 25, we became co-trustees. I am 30 now and in the process of buying my brother out of his half of the house. My mom is saying she has a life... Read more »

Joseph Jaap
Joseph Jaap answered on May 2, 2022

This is too complicated to be answered on line. As a co-trustee, you are certainly entitled to a copy of the trust. Ask your mother's lawyer for a copy. If you don't already have an attorney, then use the Find a Lawyer tab to retain a local estate planning attorney who can review the... Read more »

2 Answers | Asked in Estate Planning for Ohio on
Q: In Ohio, can an out of state person be an executor of an estate? Also, what are waiver of notice probate of will docs?

I was told I could not be executor of my parents estate because I reside out of state. Is that a nice to have condition or a need to have requirement. Also, I was sent a waiver of notice of probate of will from my brother without explanation to sign. Why should I sign this document. Did not... Read more »

Beverly A Stull
Beverly A Stull answered on Apr 20, 2022

Someone living out of state can be an Executor, who was named in the will. They cannot be an Administrator, who handles the estate when there is no will. Signing a Waiver of Notice of Probate of Will indicates that the Executor or Administrator does not need to send you certified mail telling you... Read more »

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2 Answers | Asked in Estate Planning for Ohio on
Q: what does it mean on my parents durable power of attorney 'jointly but not severally'
Aaron Epling
Aaron Epling answered on Apr 19, 2022

Depends where it's written. If it's giving power to multiple people, then they may have to act in unison, rather than independently.

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1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Ohio on
Q: Forgot to say in my previous post...

I forgot to say a few more things about that equity line of credit issue with my mother. Her house is in disastrous condition and is worth far, far less than what she owes the bank. So the bank simply taking the house, I don't think that will satisfy them, unless (I hope) by law that's... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Apr 6, 2022

It depends on the loan agreement.

In any event, you are not personally responsible for the loan.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Ohio on
Q: Home Equity Line of Credit -- Will I be responsible?

Years ago the bank made me a co-owner (joint checking account) of my mother's checking account. I wanted to just be POA to help pay her bills, but they made me a joint owner instead. She has a $55,000 line of credit on her home that she will never pay off. She is under hospice care and pretty... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Apr 6, 2022

They will foreclose on the house to get paid.

They can't go after you personally.

3 Answers | Asked in Estate Planning and Real Estate Law for Ohio on
Q: My brother and I who are both veterans are getting ready to buy a home together... i have been his caregiver for over 40

years. And am also over his healthcare. We plan on holding our property undivided half interest, fee simple, with right of survivorship... now our sister has a power of attorney he granted her about 12 years ago. Will she be able to sell his interest or otherwise intervene in our property?

Nina Whitehurst
Nina Whitehurst answered on Mar 28, 2022

All he has to do is revoke that old POA by sending her a formal notice of revocation. He should also send notice of revocation to anyone anywhere who has a copy of it. And he should demand the return of the original so he can destroy it.

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1 Answer | Asked in Estate Planning and Elder Law for Ohio on
Q: Would being power of attorney for my mother make us financially responsible for any of her debt?

We are working on getting her on Medicaid.

Moshe Toron Esq
Moshe Toron Esq answered on Mar 4, 2022

No, being power of attorney for your mother does not make you personally responsible for her debt.

It just allows you to help your mother pay her bills using her assets.

2 Answers | Asked in Estate Planning for Ohio on
Q: My father was part of a trust and his now deceased who owns his belongings tv furniture appliances tools etc

The trust was in his and his two sisters name

Moshe Toron Esq
Moshe Toron Esq answered on Feb 12, 2022

Unless there is proof that the trust owned these items, then these become part of his probate estate and will be distributed as outlined in his will.

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1 Answer | Asked in Estate Planning for Ohio on
Q: I'm in Ohio and my grandmother passed 2 years ago.nobody filed an estate how to I get her house that is delinquent on ta
Nicholas P. Weiss
Nicholas P. Weiss answered on Feb 12, 2022

You will need to open an estate and probate the assets.

2 Answers | Asked in Estate Planning, Family Law and Elder Law for Ohio on
Q: Can my stepmom make me POA for my dad?

They are both in assisted living, he has dementia and she is slipping. She has assigned a medical POA for herself and has an attorney taking care of her financial assets, which pays for my dad's care (they both own separate properties). My dad does not have a POA assigned for him. Can she sign... Read more »

Aaron Epling
Aaron Epling answered on Feb 11, 2022

Only your father could name an agent under a power of attorney. If he is incompetent, then he cannot sign a power of attorney and guardianship may be the only option. Keep in mind, though, that people with dementia can have the capacity to sign a power of attorney. Good luck!

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2 Answers | Asked in Estate Planning for Ohio on
Q: Are there fees to read a trust?
Aaron Epling
Aaron Epling answered on Feb 9, 2022

"A lawyer’s time and advice are his stock in trade." -Abraham Lincoln

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1 Answer | Asked in Estate Planning for Ohio on
Q: Does an electronic deposit made after death from an ira that had beneficiaries go to the estate if the benef is executor

I am exe of an estate. I am beneficiary of funds from Merrill Lynch acct. lawyer said if it was someone else I would have to give the funds to them. He said since I am the beneficiary I have to put it in her estate. The transfer was after death and I had already talked to Merrill Lynch. Is this... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Feb 3, 2022

You don't. If you are the named beneficiary of the IRA then those are non-probate assets and you can take them directly outside of the estate.

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 Estate Planning for Ohio on
Q: Who has the right to an estate of a Transfer on Death if the recepient dies two weeks later?

Would it go to the family of the original owner or into the estate of the person who was supposed to receive it? This person died before it could be filed with the recorder

Andrew Popp
Andrew Popp answered on Jan 28, 2022

See Section 2105.32 of the Ohio Revised Code. If the beneficiary survived the original owner my more than 120 hours, then his or her rights in the property vested. The rights to the property go to the estate of the beneficiary. These are of course general statements and not advice particular to... Read more »

1 Answer | Asked in Estate Planning for Ohio on
Q: As the Successor trustee to a Revocable Trust, all assets are distributed, the balance is zero. What is my next step?
Aaron Epling
Aaron Epling answered on Jan 25, 2022

Assuming assets were properly distributed, does the trust need to file a tax return? If not, then you may be finished. I'd send a letter to the beneficiaries indicating that the trust has been wrapped up.

2 Answers | Asked in Estate Planning for Ohio on
Q: My mom passed in 2018. Can I get the money left in the bank
Mark Martin Turner
Mark Martin Turner answered on Jan 25, 2022

Yes, if you open up her Probate estate, assuming it is still in the bank. If it has es-cheated to the State, you may need to get it from the unclaimed funds. In either case, you will need to open her Probate estate and the funds will go to her heirs, either by will or, if there is no will, by... Read more »

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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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