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Ohio Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning for Ohio on
Q: Can the executor of an estate be from another state? Can the holder of a POA be from another state?
Nicholas P. Weiss
Nicholas P. Weiss
answered on Sep 29, 2022

Yes to first question if named in the will.

Yes to second question so long as the out-of-state POA conforms to Ohio requirements (which most will).

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1 Answer | Asked in Probate and Estate Planning for Ohio on
Q: My father gave POA to his girlfriend, instead of his kids. I have evidence of his schizoid delusions, making it invalid.

My brother is not included in his previous will, and I want to protect his rightful inheritance.

Does giving proof of mental incompetency at the time the latest will and power of attorney paper were filed (Aug. 22nd, 2022) nullify both and immediately revert to the previous will?... Read more »

Joseph Jaap
Joseph Jaap
answered on Sep 28, 2022

If the probate court were to appoint a family member as his guardian, that would terminate her POA. The probate court could also determine if he was competent when he made a new will or whether there was coercion, undue influence, or other improper pressure to change the will. Use the Find a... Read more »

1 Answer | Asked in Estate Planning for Ohio on
Q: In OH, can a Trustee withhold money, claiming it is an “advancement” of a beneficiary’s inheritance without evidence?

Nothing in the Will or Trust speaks to any such “advancement” nor are there any signed loan paperwork, or repayment schedules, nor is anything written on any of the Grantor’s check’s signifying check as an advancement or loan. Trustee only claims the Grantor said to withhold this... Read more »

Aaron Epling
Aaron Epling
answered on Sep 28, 2022

This has some serious family drama issues. Can a Grantor verbally amend a trust? Yes under certain circumstances. But the issue is whether this actually happened. Get a lawyer!

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: What Steps do I need to take to legally sell my mother's domicile. I have powers to sell via last will and testament.

The estate in located in Ohio. I have also begun the probate process. I have letters of authority. I also have submitted the inventory list to the court, currently awaiting approval. I'm basically asking what are my steps to sell the home legally?

The home does currently have a... Read more »

Andrew Popp
Andrew Popp
answered on Sep 27, 2022

It's not the answer you're going to want to hear, but it depends on many other factors. Probate can be very complicated. I highly recommend sitting down with an attorney to review the situation in detail and advising you.

Best of luck.

1 Answer | Asked in Estate Planning for Ohio on
Q: In OH, can a Trustee condition receiving a Receipt & Release from beneficiaries prior to final Estate distribution?
Aaron Epling
Aaron Epling
answered on Sep 26, 2022

R.C. 5808.17(C): A release by a beneficiary of a trustee from liability for breach of trust is invalid to the extent that it was induced by improper conduct of the trustee or that the beneficiary, at the time of the release, did not know of the beneficiary's rights or of the material facts... Read more »

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: How do I as executor of old estate case (2006) close unfinished items when original lawyer does not respond to queries?
Aaron Epling
Aaron Epling
answered on Aug 18, 2022

You should probably reach out to another probate attorney.

2 Answers | Asked in Estate Planning, Real Estate Law, Banking and Probate for Ohio on
Q: My wife is the sole heir to her Mom's house, We are planning on moving into it, There is a Mortgage owed.

We are going to pay it off but what rights are there to include her name on the loan so the bank will have to answer her questions and give her details. Her will states that all assets go to her once the estate is settled in October. I understand that the Garn-St. Germain act prevents them from... Read more »

Aaron Epling
Aaron Epling
answered on Aug 10, 2022

It is very likely that your mother-in-law's mortgage has an acceleration clause. This makes the entire balance due upon the death of the borrower. A surviving spouse has some rights with respect to assuming the loan. But, I'm not aware of any rights that a child has. In other words, you... Read more »

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1 Answer | Asked in Estate Planning, Family Law and Elder Law for Ohio on
Q: Medicaid estate recovery

My mother-in-law received Medicaid benefits while she was in a nursing home. Upon her death the house and other assets were left alone as her husband was still alive. If us kids sell his house and vehicle before he dies will the state of Ohio stop the sale? If not, what happens when my... Read more »

Moshe Toron Esq
Moshe Toron Esq
answered on Aug 1, 2022

If you sell the house now, Medicaid cannot take any of the sales proceeds, since your father-in-law is still alive. He can then spend the money as he sees fit on items for himself. Once he passes, then technically, Medicaid has a claim against the remaining funds from the sale. However, with some... Read more »

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Collections for Ohio on
Q: My dad passed away a year ago, what happens if i stop paying for his storage unit.

I have been paying for the units for over a year but they are not in my name nor did i sign any rental agreement i just took over payments. I have full access to the account. Will it hurt my credit or go to collections for me if i just stop paying for them

Aaron Epling
Aaron Epling
answered on Jul 29, 2022

If you're not a party to the contract with the storage unit company, then I don't believe you can be held liable under any of its terms.

2 Answers | Asked in Estate Planning for Ohio on
Q: My sister is in my mom's will to inherit the house. Can the bank take the house from her to pay off the mortgage?

My mother lives in Ohio and her will says that all debts should be paid on her death. Does this mean paying off the mortgage before my sister can have it?

Aaron Epling
Aaron Epling
answered on Jul 25, 2022

Your sister will inherit the house subject to the mortgage. The mortgage accelerates upon the death of your mother, so the entire balance will be due. If your sister doesn't want the bank to foreclose on the mortgage, she will need to find a way to pay off the mortgage.

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1 Answer | Asked in Estate Planning and Family Law for Ohio on
Q: ORIGINAL POA lost in Summit county Ohio. Have copies. What can we do trying to sell ahouse my moms

Summit County Ohio

Joseph Jaap
Joseph Jaap
answered on Jul 13, 2022

Without the original POA to be recorded, it is unlikely that a buyer would accept a deed. A guardianship might be required. Use the Find a Lawyer tab to consult a local estate planning attorney who can review the situation and advise of options.

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: In a will…does “life estate in a property at XYZ address” mean the house, the land, or both?
Joseph Jaap
Joseph Jaap
answered on Jul 2, 2022

It typically would be interpreted to mean all of that, as described in the decedent's deed of record. But it could be subject to challenge in probate court depending on all the circumstances and other factors that could make it ambiguous. Use the Find a Lawyer tab to retain a local probate... Read more »

1 Answer | Asked in Estate Planning for Ohio on
Q: My mother passed away 10 years ago with no estate. Is it too late to be appointed representative to get her tax records?

She passed away with no estate or will and no one was ever appointed personal representative. I recently found out her employer owed her alot of money and I would like to look into it. What can i do? I would like to get her IRS transcripts before it's too late. They will only have her records... Read more »

Aaron Epling
Aaron Epling
answered on Jun 30, 2022

In Ohio, an administrator or executor could still be appointed and may have the authority to obtain records. Whether the IRS still has them is another issue. Also, the cost may outweigh any benefit. Even if you're digging for evidence to mount a lawsuit against an estate beneficiary, many... Read more »

1 Answer | Asked in Estate Planning for Ohio on
Q: In Ohio can someone reduce the amount they are to inherit to give more to the other heirs or do you have to do per will.

If a will is wrote to cheat the step kids out of some of their father's money, can the person inheritting the most reduce their inheritance and give some to the other heirs mentioned in the will?

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jun 22, 2022

A person receiving money in an inheritance can do whatever they want with it. They can waive some of their inheritance if they wish, but the easier thing to do would be to just transfer some of their inherited funds to the parties who did not receive anything.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Ohio on
Q: Hello. The final piece of property from my Fathers Estate was sold. As a beneficiary I received a distribution

of those assets. A small amount of money was left in the estate bank account. The property transferred to the new owners on April 1, 2022. The Executrix of the Estate asked the Probate court to extend the administration of the estate for another year on April 28, 2022 and put the reason for the... Read more »

Moshe Toron Esq
Moshe Toron Esq
answered on Jun 7, 2022

It is pretty routine to ask for an extension. The Executrix must prepare a final accounting and that can take some time. Also, a tax return might need to be filed for the profit from the sale of the house. That could be why the Executrix is holding back a small amount of funds.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Ohio on
Q: My Father passed away in 2020. The Estate Exemption for that year was $11.58 million. It was a small estate so it was

not used. Can the Estate Exemption be transferred to the heirs? What can be done?

Moshe Toron Esq
Moshe Toron Esq
answered on Jun 7, 2022

It can only be transferred to a spouse. Also, it must be done within a short window of time.

2 Answers | Asked in Estate Planning for Ohio on
Q: I owe more on my home then it’s worth. Does the beneficiary of my small life insurance have to use it on the house,

My house has foundation issues so no one will buy it.

Joseph Jaap
Joseph Jaap
answered on Jun 6, 2022

Life insurance benefits are paid directly by the insurance company to the beneficiary named by the policy owner. That money is not part of the homeowner's estate. The executor of the homeowner's estate will have to decide what to do with the house, and could transfer it to the mortgage... Read more »

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1 Answer | Asked in Estate Planning for Ohio on
Q: Can I use an attachment to my Living Trust to list my beneficiaries (26 nieces & nephews)?

It's a revocable living trust.

Aaron Epling
Aaron Epling
answered on Jun 1, 2022

You may amend your revocable living trust by a document signed by you. Keep in mind that each word matters, so be careful.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Ohio on
Q: 45 yrs living & paying property tax in brothers house. Do I have a claim now that he died with deed in his name?

I have lived in family house about 30 years, maintained all of it, paid all taxes to date. My mom used priest many years ago to put house in me and my bro name when she died but house only went in his because of a nasty divorce I had when younger and I cannot find the priest or have paperwork. My... Read more »

Andrew Popp
Andrew Popp
answered on May 23, 2022

There is no short answer to this question. I highly recommend sitting down with an attorney to see if there are any avenue's you can take in trying to keep the house.

Best of luck.

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: My MIL died without a Will in Ohio. She owned her house out right. How can we transfer the title to her son?
Moshe Toron Esq
Moshe Toron Esq
answered on May 21, 2022

It needs to go through the probate court in Ohio.

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