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Ohio Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: My mother's name is the only one on the deed for a property that we need to sell. There was no will. How do we proceed?

My mother passed in January. We desperately need to sell our other property, but my mother's name is the only one on the deed. My father's name is on the land contract and they were married when my mother passed. I do not know if that works in our favor.

Nina Whitehurst
Nina Whitehurst answered on Feb 12, 2020

Probate is the process that is used to change the title to property held in a decedent's name. You need to contact a probate attorney near where your mother passed to help you take care of this.

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1 Answer | Asked in Elder Law, Estate Planning and Probate for Ohio on
Q: Looking for legal advise concerning my family rights.

Looking for legal advice concerning my family rights. Situation as follows.

Younger sibling has medical and financial power of attorney for my mother.Sibling refuses to divulge financial information concerning investment portfolio,IRA and other current assets as well as a copy of the last... Read more »

Anthony C. Satariano
Anthony C. Satariano answered on Feb 11, 2020

Your sibling is under absolutely no legal obligation to share any financial information with you regarding your mother's assets if she is still living.

As far as the will, the same is true. However, if your mother has passed or does pass, then as a lineal descendant you would have rights...
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1 Answer | Asked in Estate Planning, Family Law and Probate for Ohio on
Q: My aunt passed in 2017 in nj I live in OH I was the executor and no assets why did I get a treasury bill for 300k?

My aunt passed in 2017 in NJ I live in Ohio and was the executor to the estate. She did not have any assets other than a trailer that was sold and used to pay bills. 3 years later I get a bill from the NJ treasurers for an inheritance tax of 300k plus penalty and late fees. I didn’t receive an... Read more »

Aaron Epling
Aaron Epling answered on Feb 10, 2020

You probably need to talk to an attorney. This could be a scam or a mistake. If its a mistake, then you need to make sure you take care of it before the IRS begins to collect on your assets.

1 Answer | Asked in Estate Planning for Ohio on
Q: THE COST OF A SIMPLE WILL.
Aaron Epling
Aaron Epling answered on Feb 7, 2020

Good question. Most attorneys won't do a simple will without making sure that a POA is in place for medical and non-medical needs. To have an attorney look at your situation and draft new documents will probably cost at least $500. Of course, some attorneys charge $3,000 to $5,000; so it depends... Read more »

4 Answers | Asked in Estate Planning for Ohio on
Q: How can I be sure my grandchildren get a certain percentage of my estate?

In my will, my two children will get 95% of my estate, and the remaining 5% will go to my four grandchildren. BUT, all my annuities, bank accounts, CDs, etc are POD to my two children. So how will my grandchildren get anything at all?

Nina Whitehurst
Nina Whitehurst answered on Jan 17, 2020

You can accomplish your goals by hiring an estate planning attorney to help you create a trust-based estate plan in which you designate your percentages. Then transfer all of your accounts to your trust or, for those that can't be transferred, designate your trust as the death beneficiary. That... Read more »

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1 Answer | Asked in Estate Planning for Ohio on
Q: What legal documents will be required in order for him to name me the beneficiary of the inheritance?

My boyfriend of 15 years is dying. He wants me to receive the inheritance he's supposed to get once his grandpa passes, who is not dying anytime soon. His kids are all under age and he knows I will make sure they are taken care of.

Nina Whitehurst
Nina Whitehurst answered on Jan 16, 2020

It is highly likely that if your boyfriend predeceases his grandfather, the inheritance from his grandfather will pass to his (your boyfriend's) children. With no guardian already in place for them, a court will appoint a guardian to receive the funds. So what you want is to be appointed as their... Read more »

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Does a Executor have to file a death certificate and probate a will after death in Ohio? What if this never happened?

I think my husband's brother stole from his siblings. He never filed the death cert or probated the will. We paid for a chunk of the funeral and for his sister and her 2 kids to fly in which was supposed to be paid back to us out of the estate. They also found bars of silver in the house that... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 10, 2020

A will merely nominates someone to be the executor. That person must file the will with the probate court and have the court appoint that person as the executor. Until that happens, there is no executor. If the person named in the will doesn't do it, then any other family member can file with... Read more »

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Is it legal to sell someones assets before they die ?? Please see the "More Information" section for precise details

in april 2015 a month before my uncle died 3 home health care workers liquidated assets of my Uncles house worth 700,000 dollars .. sold it for 5000000 .. They were actively disposing of his assets before he died ... My uncle had alzheimer's ..his cause of death on the death certificate says... Read more »

Taylor P Waters
Taylor P Waters answered on Dec 16, 2019

This is the kind of question that cannot be answered quickly and easily over this form of medium. Your uncle's heirs should call an attorney to discuss.

1 Answer | Asked in Criminal Law, Estate Planning, Family Law and Personal Injury for Ohio on
Q: Is it illegal to get a power of attorney from a alzheimers patient
Nina Whitehurst
Nina Whitehurst answered on Dec 14, 2019

It depends on how advanced the condition is. In the early stages of Alzheimer’s, the individual often still has testamentary and contract capacity. In the later stages the person clearly does not.

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Deceased parent's tax refund will trigger probate. Do I wait to receive the check before starting probate process?

My deceased mother will be receiving a tax refund next year which I am told will come in her own name or the name of her estate. It is the only thing that will be in her estate since she had a trust that contained everything else. Her will leaves anything not already in her trust to her trust. I... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Nov 19, 2019

You should wait. Depending on the size of the check, you may be able to do a Summary Release from Administration which greatly simplifies the process.

3 Answers | Asked in Estate Planning and Real Estate Law for Ohio on
Q: Is there a way to do a will without involving a lawyer?

He has stage 4 cancer, hospice is in, and he is no longer able to leave the house. He wants to get his will done so there is no fighting. He also owes a bit on his house but wants to transfer the home to his daughter, can this be done? Lots of questions but hope to be guided in the right direction.... Read more »

Taylor P Waters
Taylor P Waters answered on Nov 14, 2019

It sounds like quite a few moving parts, and seeking an attorney is the best way to make sure everything goes where it belongs and abides by the statutory requirements for wills.

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1 Answer | Asked in Probate, Estate Planning and Real Estate Law for Ohio on
Q: My brother is trying to My dad's property in his girlfriend's name can we can test it

My father wrote in a letter that the property stays in the family's name my brother is trying to put it in his girlfriend's

Nina Whitehurst
Nina Whitehurst answered on Nov 9, 2019

Nobody can retitle the property without your father’s signature. If your brother has a power of attorney from your father then your brother had a fiduciary duty to honor your father’s wishes.

If your father is deceased and he had no will then it passes according to the laws of...
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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: My father expired in march, the will has just been filed. How do I waive my right to administer without paying a lot.

Five siblings, two want to fight. Not much equity in estate, just bills. No liquid assets. Values questionable of assets.

Joseph Jaap
Joseph Jaap answered on Nov 6, 2019

Who filed the will? You are not obligated to serve as as administrator of the estate. If you do not want to do that, then sign the waiver. There is no charge for that. Let one of the siblings deal with it. If you have questions about the probate process, use the Find a Lawyer tab to consult a... Read more »

2 Answers | Asked in Banking, Estate Planning and Probate for Ohio on
Q: Grandma passed away jan 2018 wit money n a bank account can i file probate for it if there is nobody contesting it
Michael K. Ruberg
Michael K. Ruberg answered on Nov 5, 2019

There are several questions that need to be asked.

How much money is in that account?

Did she have any other property?

Did your grandma have a will?

If not her inheritance would be governed by the Ohio laws of intestate succession.

So the next question would...
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2 Answers | Asked in Estate Planning for Ohio on
Q: I was just nominated guardian of an estate for my grandparent.

I was just nominated guardian of an estate for my grandparent. Only one is living. I'm not truly sure what all this means. What are my complete duties and how long does this last? Limits?

Some of my family say they are going to start transferring and selling his things/home with or with out... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 17, 2019

NOBODY has the authority to sell someone ELSE's things without a power of attorney from the owner or, as you have, appointment as guardian. You now have the authority to prevent other people from selling your grandparent's things. If they do it anyway, they are guilty of theft and conversion.... Read more »

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1 Answer | Asked in Landlord - Tenant, Estate Planning and Probate for Ohio on
Q: I have a question about a house we rent from someone who is now deceased and her property is still in court.
Joseph Jaap
Joseph Jaap answered on Sep 23, 2019

The executor of her estate is responsible to fulfill the responsibilities of the deceased landlord. Contact the attorney for the probate estate with your questions.

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Stepfather passed away and I'm in the process of closing out his bank account they said I have to wait for death wages

Death wages... what is that?

Nina Whitehurst
Nina Whitehurst answered on Sep 20, 2019

They probably mean wages that were earned as of his date of death but not yet paid. He must have been paid via direct deposit.

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: My uncle had a will he wrote up 10 years ago.

My uncle had a will he did 10 years ago, my dad who was still alive then was listed in the will. My uncle passed away recently and now his siblings want my brother and I to sign our rights away . Do we have any right to inherit from the will since we are next of kin from my father , his brother.

Nina Whitehurst
Nina Whitehurst answered on Sep 19, 2019

Whether you have a right of inheritance is impossible to say without reviewing your uncle's will, but your relations apparently think you do or they wouldn't be asking you to waive them. If you have a right of inheritance, there is no law that compels you to waive it. Don't sign anything without... Read more »

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Do nieces and nephews have inheritance rights under these circumstances in Ohio?

My father's sister-in-law has died leaving behind property without a will that was transferred over to her after his brother (our uncle) died. My aunt has no surviving spouse, grandparents, parents, siblings, or children . My father has no surviving siblings. In this case, do nieces and nephews... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Sep 15, 2019

Her siblings would be next in line to inherit.

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: My father passed away. He was married for about 6 years ( she was his 4th wife ) also she is 25 years younger than him.

He retired from the state of Ohio. He named me the beneficiary ( his daughter). What are my rights with this. I have a brother I would split it with. Does she get all of it. Do we have any say at all with this. I know he wanted us to have this.He left her a 401K , all for his other assets , 2... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 11, 2019

You will have to consult with a local probate attorney who can review all the facts, gather any information and documents, and then advise you. You might have to file to administer the estate, unless his wife or someone else does. Whether you or anyone but his wife receives anything, will depend... Read more »

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