Ohio Estate Planning Questions & Answers
Q: Can the city force me to put a water bill in my name and threaten to turn my water off and kick me out?
My dad died in 97. Mom kept everything in his name and died in 2013. She intended the house to go to me but died. No will. I've been paying the bills and have lived here all my life. Now the water company suddenly says either I get the house in my name and the water bill as well or they will shut... Read more »
The city ordinances might allow the city to shut off the water and order you out. You do not have legal title to the house, and are not a tenant under a lease, so you have no legal right to live there, so the city cannot transfer the bill to your name. There will have to be probate court filings... Read more »
Q: Mom’s Broth-in-law (92) remarried a few months ago. He had no children. Mom is executor. Will his wife now get estate?
He’s my dad’s (deceased) brother. No children...mom is only next of kin other than his new wife who begged him to marry her after being a caretaker when his wife of 60+ years passed. She is very manipulating and will take him for every penny. Currently my mother is joint owner of his accounts.... Read more »
His spouse will be entitled to take his property according to his will, or her statutory right to take against the will. As executor named in his will, your mother should consult a local probate attorney so she knows what her duties will be to file to open the estate, and how it will be divided.... Read more »
Q: My sister is alive and made a will several years ago to leave me the house. She's married so I assume her husband of
husband of 10 years will have a claim to the house? I believe it's only in her name.
Yes, a spouse can make a claim against what your sister put in her will. Ohio law protects spouses from being disinherited. Talk to her about it.
Q: On average how reduced are debts after a Chap 13 bankruptcy? Does refi/2nd mortgage affect the decision to keep home?
I am a concerned daughter of a couple living in Athens County, Ohio. My father is ill with cancer (being treated through the Veteran Affairs system) and during my last visit (recent) my mom indicated they only have approximately 2 months worth of funds left to pay bills before potentially... Read more »
No way to tell, because every Chapter 13 is different than every other Chapter 13.
Q: What can I do when. Judge orders in a probate court case 2 yrs ago. Are still. Not done
Use the Find a Lawyer tab to retain a local probate attorney where the case is filed, to review the court docket and the documents that have been filed, determine what actions need to be taken in the case, and file with the court on your behalf. The court can then hold a hearing to determine the... Read more »
Q: my mom passed last week. she seems to have an outstanding medical bill. how valid is that bill post death
If she opens a probate case within 6 months of death, then the bill could be payable from her probate estate assets, if she has sufficient probate assets. If she does not file a probate case, then it is unlikely this bill will need to be paid. In general, her debts are only payable from her assets.... Read more »
Q: If only two heirs exist, and there is a owned home, do both heirs have the right to live in the house before probate?
my father passed away in August 2018, owning a home. My brother lives there currently, and I lived there 4/2018- 6/201, and in January my brother asked that i move in. He is more than likely going to be incarcerated for a year, and that is one reason he asked me to move in. Ive already started... Read more »
If the estate has not been filed with the probate court, then that is what has to happen now, so an executor or administrator can be appointed by the court to resolve these issues, including ownership of the house if the deed did not have a survivorship provision or transfer on death designation or... Read more »
Q: Can a Poa legally give away possessions, so that there is nothing left in estate for beneficiaries?
My sister is POA and executrix for step father. She is estranged from me and my other sister due to her mistreatment of our step father. All three of us are equal beneficiaries in will, however, she gave away his possessions before he died, so nothing has to be shared with us. Is that legal? We... Read more »
A person acting as agent under POA has a fiduciary duty to act in the best interest of the person who granted the POA, and not to their own personal advantage or disadvantage of others. The same for an executor of a will. An action can be filed in probate court to hold the agent or executor... Read more »
Q: My father in law owns a farm that is to go to my husband upon his death. My husband has a step brother who has no
entitlement to this farm. What would be the best course of action to protect this property from a family fight upon my father in laws death to ensure my husband gets it solely.
Father in law should meet with an estate planning attorney to review all the facts of the situation. The attorney can discuss various options of how to accomplish what he wants to do. It could be as simple as executing an affidavit, but he should also have a will, a living will, and financial and... Read more »
Q: Mother is poa over grandma finances. Elderly aging serv contacted her asking for receipts.
My mother is POA my husband and myself take care of my grandmother. A lady from Elderly Aging Services came by said she had a report made. My grandmother who is 87 and still very sharp told the lady she knows everything that's been spent. My mom never kept receipts she would give me cash for... Read more »
If a report of possible financial wrongdoing was made, then they are obligated by law to investigate and confirm that the money has been used for your grandmother. Depending on how much money has been paid to you, or how much has been spent, they could take action. Use the Find a Lawyer tab and... Read more »
Q: If you have made a will with your spouse and then get divorced, is that will still valid?
Married 18 years at time of divorce, will was made probably between 1987-1990, divorced in 2007, married 1987
A divorce terminates a spouse's inheritance rights. The will is still valid, but the spouse is assumed to have already died, so nothing would go to the spouse. But it is prudent to consult with an estate planning attorney to review the divorce documents and will, and advise you about making a new... Read more »
Q: My wife is a co-trustee for her late father's estate.
Can I, as her spouse, be paid for work done on property and land that is part of the estate?
That could be a problem if any beneficiary objects. If the other trustee approves, that might help reduce any potential beneficiary concerns. Note that an estate does not have trustees, it has executors or administrators. A trust has trustees. Your wife should use the Find a Lawyer tab to... Read more »
Q: How do I handle handle bank accounts that do not have a living benficiary listed ?
Dad died in January 2017. Mom died in October 2018. Did not get all the beneficiary designations on his accounts. As the executor of the estate can I handle this ? Do I get paid for the work I have to put into this?
There is only one other person -my younger brother.
The accounts are assets of their estates, and will pass either as directed in their wills, or according to Ohio law to their children. Depending on the amount of money in the accounts, you might be able to file a simplified probate for each of your parents' estates. Ohio law provides a fee for... Read more »
Q: My sister and I are settling my mother's estate. She is the executor. Is she obligated to share information with me
An executor or administrator of an estate is obligated to file the required information with the probate court as required by law, but not necessarily to keep anyone else informed. All of those filings are public records, and most are accessible on line on the court’s web site.
Family... Read more »
Q: Can an administrator of an estate kick me out without written notice? Is this an eviction?
Can an administrator of estate kick me out without written notice in Ohio? I was living with my mother who recently passed. My sister applied for and was granted to be administrator of the estate (there was no will). She told me I have until the end of the month to get out of the house so she can... Read more »
Yes, she can get you out, but she has to follow a proper eviction process to do it. But if she files an eviction, that becomes a permanent public record, and it could make it difficult for you to rent from a landlord who checks. So better to work it out with her and avoid her filing that.
Q: How soon after a death (without a will) does the probate process start?
It really depends on the family. Some need to start right away because they need plates for the car, want to sell the house, or need access to bank accounts. But there are reasons to wait as well. A probate attorney can advise.
Q: How soon after a person passes away do their devisees have to pay estate taxes?
Very few estates are large enough to have federal tax obligation, and Ohio abolished estate taxes. But a final income tax return must be filed for the deceased. Use the Find a Lawyer tab to retain a local estate planning attorney to review the facts of the situation and advise you.
Q: Our family farm in Ohio has a general warranty deed, with two brothers listed as tenancy in common.
Can a separate transfer on death affidavit be recorded by each brother, to leave his half of the farm to his desired beneficiary?
Each can file an affidavit to direct the transfer of his interest in the farm. But each should have an attorney prepare the affidavit and review all the facts and circumstances, and their goals, to determined if that is the best approach. There can be Medicaid and other issues involved. Use the... Read more »
Q: I am seeking assistance on how to get my father-in-laws Power Of Attorney switched to my wife with out costing to much.
My father-in-law is currently recovering from a fall that caused a brain bleed. He has asked us to figure out how to get his Power Of Attorney switched to my wife from my sister-in-law. He doesn't trust her due to her numerous times in jail followed by a 9 year sentence for vehicular homicide and... Read more »
He can revoke her POA by sending her written notice, and also notifying any banks or other businesses with whom he does business. He can then execute a new POA. Rather than a POA, it might also be done with joint ownership of his bank accounts. He really needs some advice on how to do it... Read more »
Q: The Estate Attorney just told me my Great great Aunt estate is 90% complete, when can I expect my part of it?
That is a question only the estate attorney can answer. Depending on the size of the estate and the steps remaining, it could be a short time or longer. Ask the attorney when the distribution is to be made.
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