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Ohio Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Sole owner of home passes away without a will. Daughter and son-in-law have lived there for 5 years. Whats next

The mother paid mortgage, son-in-law and daughter paid all utilities, maintained home while also giving her care. What rights does daughter have? Daughter does have a brother who lives elsewhere

Andrew Popp
Andrew Popp answered on Sep 16, 2021

Unless the home was in a Trust, or there was a transfer on death beneficiary for the residence, it will have to go through probate. The heirs at law will be the ones to inherit the home. See Section 2105.06 of the Ohio Revised Code for breakdown. (link below). If someone else gets the home some... Read more »

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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: I went to probate and got a motion to release info signed by judge. Bank wouldn’t take it and said acc under

Legal investigation Can they do that. And what do I do now

Matthew Williams
Matthew Williams answered on Sep 14, 2021

You could file a motion to show cause why they bank should not be held in contempt for violating the court order.

1 Answer | Asked in Estate Planning for Ohio on
Q: My husband said if he passes with no will, I only receive 1/3 of the estate etc? Why would this be?

My husband is the only name listed on the deed for our property. He has 2 children, never was married to their mother, the mother has had custody of them, they've lived out of state about half of their minor lives, they are both over 18 at this point and have had 0 contact with him for many... Read more »

Aaron Epling
Aaron Epling answered on Sep 14, 2021

If that's not what he wants, then you need to get this done ASAP. Each issue you bring up can be quickly resolved.

2 Answers | Asked in Estate Planning and Elder Law for Ohio on
Q: When someone passes and there is no TOD or Will stating who a vehicle can go to.

Does the Ohio rule of Descent and Distribution, code 2105.06 mean that it will automatically go to the living spouse without having to go thru probate? The same does not apply to lineal descendants such as a child, correct?

Thank you Andrew Popp for your previous help.

Andrew Popp
Andrew Popp answered on Sep 13, 2021

No problem. There is a separate statute for that. See Section 2106.18 of the Ohio Revised Code. (link below) You can usually accomplish this by going to the BMV as long as the value does not exceed $65,000 under current law.

https://codes.ohio.gov/ohio-revised-code/section-2106.18

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1 Answer | Asked in Estate Planning and Elder Law for Ohio on
Q: If a married Sr Citizen passes & they have a vehicle only titled in their name.Can it be retitled in someone else's name

Other then the living spouse? The living spouse is 82 and may need state assistance in the future. We don't want her to get refused assistance by not selling the van for money. Her son would like the van transferred to him. She's disabled and he's living with her to help now. So can... Read more »

Andrew Popp
Andrew Popp answered on Sep 13, 2021

Unless there was a TOD on file for the vehicle, then it will require probate in order to transfer the title to the van. The vehicle will be transferred to whomever is named in the Will, or whom is required under Ohio's rule of descent and distribution if there is no Will. See Section 2105.06... Read more »

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: How can I keep my deceased Mother's house from being taken by Medicaid Estate Recovery in Ohio?

My wife, kids, and I live in my Mother's house. She passed away in April 2021 without a will and probate hasn't been started yet. We received a letter from the Ohio Attorney General stating that she owes $74,000 for Medicaid Estate Recovery. I'm assuming they'll put a lien on... Read more »

Aaron Epling
Aaron Epling answered on Sep 7, 2021

This is a very good question. If you are disabled, then you may be able to stay in the house. If not, then another option is to negotiate with Medicaid and they may take a lower amount in exchange for not having to foreclose. Either way, you should probably get an experienced attorney involved who... Read more »

2 Answers | Asked in Estate Planning, Family Law and Probate for Ohio on
Q: My God daughter's parents would like to name me as a stand by guardian in case they become incapacitated or die.

Both parents both children and myself live in Montgomery County Ohio. It looks like we want the designation of guardian form according to revised code 2111.121 written out with 2 witnesses and a notary public. I want to know if we're on the right track.

I did try contacting the... Read more »

Andrew Popp
Andrew Popp answered on Aug 12, 2021

In short, yes you're on the right track. You may want to contact the probate court clerks in Montgomery County. Each county is different, and some have specific documents for you to complete. The Court clerks can usually assist you or point you in the right direction.

Best of luck.

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1 Answer | Asked in Estate Planning and Real Estate Law for Ohio on
Q: Can a landowner leave his child a life estate and grandchild a remainder with a transfer on death designation affidavit?

This question refers to a transfer on death designation affidavit created under Ohio Revised Code Section 5302.22.

C. Lawrence Huddleston III
C. Lawrence Huddleston III answered on Aug 5, 2021

No.

3 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Should my sister sign a waiver giving permission for her uncle to handle his late brother's estate

My sister is a part of that estate

Aaron Epling
Aaron Epling answered on Aug 5, 2021

It's hard to "un-sign" a waiver. So, I suggest she talk to counsel first.

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1 Answer | Asked in Estate Planning for Ohio on
Q: My mother pasted away and I received a RECEIPT AND WAIVER from her lawyer, it's vague. What is it for?
Andrew Popp
Andrew Popp answered on Jul 23, 2021

Tough to say from the generic description. The normal waivers we see are related to notice that the estate is being probated. I suggest taking the document into an attorney and having him or her review for you. Since each county probate court has their own forms that are used an attorney who... Read more »

1 Answer | Asked in Landlord - Tenant and Estate Planning for Ohio on
Q: My mother wants to kick out my brother who helps take care of her.. she has dementia and alzheimers what can he do

She (my mother) tells everyone that it's his house ...he gives her money when he can hes an artist (tattoo):and covid has put a huge issue as business goes but he does wait on her hand and foot ....can she kick him out with no notice no nothing no eviction papers

Joseph Jaap
Joseph Jaap answered on Jul 21, 2021

If the proper eviction process is not followed, then he could sue her for unlawful eviction. It sounds like she needs help. If she is not mentally competent, and she has not executed a power of attorney, then someone might need to apply to become her guardian. Use the Find a Lawyer tab to... Read more »

2 Answers | Asked in Estate Planning for Ohio on
Q: How do I file a POA in Erie County, Ohio?

POA is in a trust. Mother is now in a nursing home in their memory unit. Trying to sell her home to be able to pay for her future nursing home bills. Actually, already have it on the market. Do I need to stop everything until this is secured from the county?

Nina Whitehurst
Nina Whitehurst answered on Jul 16, 2021

“POA is in a trust” does not make sense. If the house is in your mother’s name AND if the POA contains the proper authorities, the agent named in the POA can sell the house. Usually the original POA instrument itself is recorded in the local land records to prove authority.

If the...
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2 Answers | Asked in Estate Planning and Real Estate Law for Ohio on
Q: Can the sole executor of a will add a family member to the estate to refinance a property in the estate?
Aaron Epling
Aaron Epling answered on Jul 15, 2021

This leaves a number of questions unanswered. You should seek counsel.

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2 Answers | Asked in Estate Planning for Ohio on
Q: What papers do I need for Financial Power of Attorney in Ohio when a Revocable Trust is already in existence?

Mother has recently been admitted to a memory unit of nursing home and we are trying to find out what we need to have in order to sell her home to fund the nursing home. Revocable trust exists listing me as Initial Attorney-in-Fact. Is the trust the only legal document I need to be the legal... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 14, 2021

The terms of the trust agreement specify the power and authority of the trustee to sell trust assets. A buyer's title agency will need to review the terms of the trust to confirm the authority to sell the property and will ask for an affidavit, memorandum of trust, or other confirmation.... Read more »

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Can I file probate claim if I'm the only child of record, but I live in another state?

If my father passes without a will, I'm worried that I will not be able to do anything because I live in PA. His sister and i are the only remaining, close blood relatives. My aunt lives in Ohio. Would it fall to her or me?

Moshe Toron Esq
Moshe Toron Esq answered on Jul 4, 2021

If he is not married and you were his only child (i.e. he had no other living or deceased children) then you are entitled to his entire probate estate, if he had no will.

However, certain assets may have passed directly to your aunt or others, if they were named on his bank account or life...
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1 Answer | Asked in Estate Planning for Ohio on
Q: I want to file my will with the Morrow court. I need an application form. I don’t know how to get the form.
Andrew Popp
Andrew Popp answered on Jun 21, 2021

There is not typically a form to complete. The statute describing the process is at Section 2107.07 of the Ohio Revised Code. That being said, I don't practice in Morrow County and they may have something for you to complete. Your best option is to call the probate court and ask. The... Read more »

2 Answers | Asked in Contracts and Estate Planning for Ohio on
Q: my wife and i filed a quit claim deed and now want it revoked. we both want ownership of our house. is this possible?

i am 58, fully disabled and want to file for a homestead property tax reduction. i am the one that the quit claim deed removed from the home ownership.

can we file a new deed that allows us as co home ownership?

Moshe Toron Esq
Moshe Toron Esq answered on Jun 16, 2021

If she is the current owner, she can sign a new deed putting you on as a co-owner.

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1 Answer | Asked in Banking, Probate, Business Law and Estate Planning for Ohio on
Q: Mark&Mary were together for years had a child. Marks parents pass small business down to them in marys name cuz he owes

Taxes. He counties to run company. They have a business bank account that he was on originally she was added to later. Bank says they are both equals on that account. Does he have rights to that money after she passes and business becomes shut down.

Andrew Popp
Andrew Popp answered on Jun 15, 2021

Additional facts are needed to answer this question. Much depends on how the bank account was set up. Who is the actual owner, who are the authorized users? Are there survivorship rights (if applicable), what do the company documents say? (articles of incorporation or Operating Agreement for a... Read more »

2 Answers | Asked in Estate Planning, Health Care Law and Real Estate Law for Ohio on
Q: My mom has stage 4 lung cancer. I am her only living relative. How do I plan for estate, financial, health care, etc….

This all came up sudden but my mom has stage 4 lung cancer with Mets. I am her only living relative. From a legal aspect what do I need to start doing to get her affairs in order? I am very new to this and not sure what to do. She does have a will with me as executive. She does not have a... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Jun 8, 2021

You should contact an attorney who can help you set up a financial Power of Attorney and a Healthcare Power of Attorney.

That way, you can manage her affairs while she is alive.

A will only takes effect upon death.

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2 Answers | Asked in Real Estate Law, Probate and Estate Planning for Ohio on
Q: My dad died and left me his house.. My mother is trying to take it.. Will she get it??

My dad just died on the 23rd of this month.. He left me his house and called his attorney to put it in the paper work.. My mother left him.15 yrs ago n now sleeps with and lives with another man..my dad really didnt want her to have anything.. The last 2 yrs of his life im all he had.. My husband... Read more »

Joseph Jaap
Joseph Jaap answered on May 27, 2021

If your father did not complete the paperwork to transfer the house to you, then as his spouse, your mother could inherit the house. She could file to handle his estate in probate, and could evict you and your husband. Talk to your father's attorney to find out what paperwork there is, or... Read more »

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