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Ohio Elder Law Questions & Answers
1 Answer | Asked in Estate Planning, Elder Law and Probate for Ohio on
Q: to contest a will does it need to be probated first?

will changed after many yrs and just 10 mo. prior to mothers death and mother was in a very vulnerable position with monies, travel to Dr. visits, food etc and older son had just had stroke 2 months before the will change and younger son took advantage of this.

Joseph Jaap
Joseph Jaap
answered on Nov 28, 2022

To open an estate, the executor named in the will should file it with the court and must give notice to all the next of kin that it has been filed, and then family members can contest the will if they have suspicions. If the named executor doesn't open the estate, any other family member can... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Ohio on
Q: mothers will was changed 2 months after my stroke and she died just 10 months later she was vulnerable at the time ?

She had no transport/way to get food etc. as I was not able at the time to do for her-I feel he took advantage and he had unreal financial debt at the time. what can I do? My younger brother did this to her

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Nov 28, 2022

You can hire an attorney to contest the will on the basis of lack of capacity or undue influence or both. Do not delay because there are deadlines for will contests. If you miss a deadline you will lose your right to ever contest the will.

1 Answer | Asked in Elder Law and Probate for Ohio on
Q: Ward has full guardianship in MI, small Tribal stipend once a year, Need guardian of person and estate or both in OH?

Incapacitated Ward under Full guardianship (person/estate) in Michigan has been moved to Ohio nursing home long term care on full Medicaid/Medicare. I made the facility rep payee for SS check. Ward has one monthly bill, and basic needs/care (clothing, personal items) managed by guardianship now.... Read more »

Aaron Epling
Aaron Epling
answered on Nov 23, 2022

You may be required to 'transfer' the guardianship to the Ohio court. The Michigan court no longer has jurisdiction and may not be able to terminate the case unless it is being transferred. You bring up a couple other complicated issues. I recommend seeking counsel in the county in which... Read more »

1 Answer | Asked in Elder Law and Public Benefits for Ohio on
Q: Can Medicaid seize grandma's house if elderly uncle is living in it?

My 88 year old grandma has late stage dementia and needs 24hr care. My uncle (age 65) has lived with her for 30+ years and also has early dementia and can't really care for her anymore, but is hesitant to move her to an assisted care facility because he's worried about becoming homeless... Read more »

Mary Ellen Leslie Esq.
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Mary Ellen Leslie Esq.
answered on Oct 26, 2022

If a doctor will confirm that without your uncle's care and assistance, your Grandmother would not have been able to continue living in her home, for as long as she was able to, your uncle should be allowed to continue to live in the home as long as he wishes. When he no longer needs to... Read more »

1 Answer | Asked in Elder Law for Ohio on
Q: My mother is in a nursing home in Ohio due to Alzheimers

I am her POA for her durable Financial Power of Attorney. In it it states I can gift money from her estate to any family member including myself. If that is done will it effect anything if she has to go on medicaid? Also, can a Durable POA and/or Medical POA be paid without it effecting anything,... Read more »

Moshe Toron Esq
Moshe Toron Esq
answered on Oct 11, 2022

Any gift will affect her ability to qualify for nursing home Medicaid in the next 5 years.

If you want to get paid as POA, someone will need to write up a comprehensive agreement BEFOREHAND in writing laying out the details of what you are doing and how much you are being paid. Otherwise,...
Read more »

1 Answer | Asked in Estate Planning, Elder Law and Probate for Ohio on
Q: Does a notary signature count as a witness signature on a handwritten will in Ohio?
Andrew Popp
Andrew Popp
answered on Oct 4, 2022

In short, it depends on how the notary is signing. If they are just notarizing a signature, no it does not work. If they are signing as a witness, then it may. I would have to refer you to Section 2107.03 of the Ohio Revised Code (link below). It's going to depend on the specifics on... Read more »

1 Answer | Asked in Family Law, Elder Law and Landlord - Tenant for Ohio on
Q: Removing abusive adult son from home legally?

BIL is systematically attempting to remove MIL from her home and keep it. Claims that there is verbal agreement and refusing to leave, threatening suites. How to get him out.

Moshe Toron Esq
Moshe Toron Esq
answered on Sep 10, 2022

She should hire an attorney, go to court and file for an eviction. However, she must follow the legal procedures regarding notice, etc.

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 Elder Law for Ohio on
Q: Can an adult in a nursing also be the power of attorney of another individual in a nursing home?

My father-in-law's oldest son is in a nursing home. He has handled financial matters in the past for his father but now they are both in managed care. Is he able to legally obtain power of attorney status over his father or is there a requirement for an individual to be mobile. We're in Ohio.

Moshe Toron Esq
Moshe Toron Esq
answered on Jul 15, 2022

He can be the Power of Attorney if he is competent.

1 Answer | Asked in Elder Law for Ohio on
Q: Vehicle options for Medicaid long-term with parent in managed care

When my brother filled out my dad's Medicaid paperwork I assume he included his vehicle in the non-countable assets. Currently, the vehicle is in front of my house while dad is in a managed care facility. Going forward, what are our options since I don't really ever see dad leaving... Read more »

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

Medicaid will eventually take the car sale proceeds if sold after his death.

You can't add your name to the car. Otherwise, it will be considered an improper transfer and your father will be penalized by Medicaid.

While your father is alive, you can sell it for fair market...
Read more »

1 Answer | Asked in Elder Law for Ohio on
Q: My dad recently moved into a managed care facility. My brother filled his Medicaid paperwork out so I don't know detail

What am I to do with his car? Sell it and hand the money to the managed care? Keep renewing the registration and pay insurance while it sits? I'm afraid to drive it myself since I don't want to cause any issues that would make my dad lose his Medicaid benefits and I fear getting in an... Read more »

Moshe Toron Esq
Moshe Toron Esq
answered on Jun 3, 2022

If you sell the car, the funds must be spent down within 30 days. It is not sufficient to just hand over the funds to the facility. Perhaps the funds can be used to pay for a prepaid funeral plan.

Also, if you let his house just sit there, then when he passes away, Medicaid will put a lien...
Read more »

1 Answer | Asked in Elder Law for Ohio on
Q: What to do if my father is considered a behavioral problem and a social worker can’t get a nursing home to approve admit

My father has dementia and when he was first put in a nursing facility and was disoriented became aggressive towards staff. He is now in a hospital for Alzheimer’s patients however he needs to be discharged at some point and nursing facilities who were contacted by the hospital social worker,... Read more »

Moshe Toron Esq
Moshe Toron Esq
answered on Jun 3, 2022

If he was in a nursing home prior to being admitted to the hospital, then he is technically still a resident of the facility. They must notify him in writing before he can be discharged from their facility. Once they notify you in writing, then you can appeal it. If you attend the appeal meeting,... Read more »

1 Answer | Asked in Elder Law for Ohio on
Q: Are bedrails used to prevent falls considered restraints in nursing homes in the state of ohio?
Moshe Toron Esq
Moshe Toron Esq
answered on Jun 2, 2022

There is no simple answer.

Here is a link to the regulation. https://codes.ohio.gov/ohio-administrative-code/rule-3701-17-15

Bed-rails are not specifically listed in the regulation as a restraint. However, a bed-rail certainly does restrain someone from free movement, so it can...
Read more »

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.

1 Answer | Asked in Elder Law for Ohio on
Q: Elder law Michigan/How to Protect Life insurance claim from nursing home if beneficiary is also a resident on Medicaid?

I am guardian of my aunt in Michigan, she is in nursing home in Michigan, and will need forever long-term skilled care, she is on Medicaid/Medicare/SS. She is the beneficiary to a life insurance policy, it can be claimed. I am trying to move her to Ohio as we are her last remaining family. A... Read more »

Moshe Toron Esq
Moshe Toron Esq
answered on Apr 5, 2022

Im general, during the pandemic, Medicaid is not cutting people off Medicaid, if they are already on Medicaid.

You should speak to a Michigan elder law attorney to confirm this for Michigan.

If that is the case, then you would be able to claim the finds now and then apply for...
Read more »

1 Answer | Asked in Elder Law and Nursing Home Abuse for Ohio on
Q: The nursing home did not give my mother medication for 2 weeks resulting in surgery, can I sue the home?

The nursing home did not give my mother her medication for 2 weeks, her medication is not given regularly or consistently. This has resulted in my mother being impacted in her bowels, multiply hospital stays and now she has to have surgery to have a colostomy bag.

Matthew Williams
Matthew Williams
answered on Apr 4, 2022

If the nursing home was responsible for administering the medication and it’s failure to do so was the cause of her problem, yes you could sue them. You should discuss the matter with an attorney who handles medical malpractice and/or elder law.

1 Answer | Asked in Social Security and Elder Law for Ohio on
Q: My husband has a large pension/401k retirement fund as well as Social Security(SS). I am the sole beneficiary.

I only have Social Security. We are both 68 and retired. If he goes to a nursing home in the future, does all of his SS as well as pension/401k go to his nursing home bill, while I am left to struggle to make ends meet on just my SS?

Moshe Toron Esq
Moshe Toron Esq
answered on Mar 19, 2022

In Ohio, there are Medicaid rules in place to protect the community spouse. This includes rules regarding a fair split of all the income, as well as special rules regarding protecting a 401k.

However, there is a lot of confusion out there regarding the rules.

It is imperative that...
Read more »

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, 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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