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Ohio Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Ohio on
Q: Estate buyout agreed upon in Ohio. How long before payment?

Hello,

I have recently entered into an agreement through the courts in Ohio to allow for the other Beneficiary of a house that was left to me in an Estate to buy me out. This person continues to live in the house. The judgment was signed by the judge on April 1st, this year, 2021. The... Read more »

Joseph Jaap
Joseph Jaap answered on May 4, 2021

Check the court order for timing of payments. Then talk to the other beneficiary or the attorney to work it out, or use the Find a Lawyer tab to retain a local attorney to assist you.

2 Answers | Asked in Estate Planning for Ohio on
Q: Ma father passat in his will he states house cars and all assets go to me and brothers equly before we got here the exc

He came on home and took GUNS knifes and other items said he had a verbal agrement with my dad but the will doesnt say that can he do that

Nina Whitehurst
Nina Whitehurst answered on Apr 18, 2021

A COURT-appointed executor is entitled to gather up estate assets, but he or she must then distribute them according to the will. If that is not happening, then you need to hire a probate attorney to help you hold the executor accountable. if your brother has not yet been appointed by the court to... Read more »

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2 Answers | Asked in Estate Planning for Ohio on
Q: my brother's house deed is transfered to me at time of death can his surviving wife contest it

State is ohio and she has quick claimed the deed to him now

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 15, 2021

Was

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: My dad passed away and my step mom and step siblings took everything and left me and my brother (his biological children

My stepmom is terminally ill, has treated me and my brother poorly our whole life, has been transferring my dads items into their names over the years. My dad committed suicide and it’s still under investigation, not sure if he really did it, my stepsister and boyfriend found him. Cops didn’t... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 11, 2021

If your dad had no will, then you stand very good share of inheriting a portion of his estate. You should hire a local probate attorney to help you assert your right of inheritance.

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1 Answer | Asked in Probate and Estate Planning for Ohio on
Q: Bio dad and stepmother live in Ohio. I, bio daughter, live in Canada.

My brother is the executor and my stepmother is POA. My father has dementia and my stepmother is unwell physically. My stepmother is refusing to give me end of life decisions or preplanned funeral information on my father. She states it is none of my business or it has nothing to do with me. Do I... Read more »

Andrew Popp
Andrew Popp answered on Mar 31, 2021

These are all good questions. In short, you only have the "rights" your father chooses to give you. Has your father been adjudicated mentally incompetent, or does he still have the ability to manage things for himself. In Ohio, there is something known as a Declaration of Disposition... Read more »

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: If a person had a bank as their rep. and also had them in the will, is the bank responsible for things after they pass?

Mother in law passed. She had her bank as her personal representative. She also had them in her will. The bank is now saying that once she passed, the personal representative goes away. The bank states they will handle everything, but they want $1,500.00 for the bank and their attorney to handle... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 25, 2021

A family member will have to file her will with the probate court and apply to be executor to administer her estate to get access to the funds. Use the Find a Lawyer tab to retain a local probate attorney who can review her will and the facts of the situation, and advise you what to do. The... Read more »

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2 Answers | Asked in Estate Planning for Ohio on
Q: A final accounting of assets, etc. has been filed. I had to sign an agreement to this. Will I receive a check?
Aaron Epling
Aaron Epling answered on Mar 15, 2021

Beneficiaries do not "have" to sign anything in Ohio. But, if the accounting says that you are getting a distribution, then you should expect one. You may want to talk to an attorney if the final account was filed a while ago; maybe even the estate's attorney. Typically, the... Read more »

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: As executor of the will, along with my brother. When everything is final, do they send a certified check to me and my si
Joseph Jaap
Joseph Jaap answered on Mar 15, 2021

A person named to be executor in a will, must file the will in the probate court in the county where the deceased was a resident or where the deceased died, and must apply to the court to be legally appointed as executor. After the court appoints the executor, the executor then must file an... Read more »

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: My Dad passed away in Ohio, I live in WV. Do I have to go to Ohio to get my inheritance?
Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 12, 2021

You don't have to physically go there, but you do have to open up a probate case in the county where your dad either resided or passed away. Contact a probate lawyer in that county who can act as an administrator of the estate to ensure you are distributed your inheritance.

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1 Answer | Asked in Estate Planning and Civil Litigation for Ohio on
Q: What's the statute of limitations on retrieving a loved ones belongings given away by a significant other?

In 92 my dad got sick at another woman's home he had been cheating on his girlfriend with. His girlfriend in anger gave away or sold the things he treasured most. At the time I didn't know she had no right to give them away or sell them. The items were a 57 Cadillac eldorado convertible... Read more »

Aaron Epling
Aaron Epling answered on Mar 8, 2021

In theory...maybe. Practically speaking, this is going to be very difficult to do. You'll want a lawyer on this.

2 Answers | Asked in Estate Planning for Ohio on
Q: My Dad passed away and I am a beneficiary of his trust. I would like to know if this information below is even legal.

This information is in the trust. Is this even legal?

If the acting Trustee hereunder is either JOHN DOE or JANE DOE, then the beneficiaries hereunder shall have no claim against them, except for acts of intentional harm. If a claim is made, or complaint filed against JOHN DOE or JANE DOE,... Read more »

Aaron Epling
Aaron Epling answered on Mar 8, 2021

I'm not sure what you're asking. You should probably call an attorney in your area.

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2 Answers | Asked in Estate Planning, Banking and Probate for Ohio on
Q: my mother passed away with no will or anything. I am her only child, she did not remarry.

She passed away suddenly and I have the paperwork printed out, but need to know the easiest route to close her bank account, and switch the title to her truck into my name.

Beverly A Stull
Beverly A Stull answered on Mar 3, 2021

I am sorry for your loss. If your mother's name was the only one on the bank account and the truck, you will need to open a probate estate. There are 3 different sizes of estates, based on the value of the probate assets. You should check the website of the probate court of the county where... Read more »

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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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