Ohio Estate Planning Questions & Answers
Q: If you have made a will with your spouse and then get divorced, is that will still valid?
Joseph Jaap's answer
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 will since there have been significant federal estate tax changes.
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 will since there have been significant federal estate tax changes.
Q: My wife is a co-trustee for her late father's estate.
Joseph Jaap's answer
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 retain a local probate and estate attorney to advise her about her responsibilities and liabilities as a trustee.
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 retain a local probate and estate attorney to advise her about her responsibilities and liabilities as a trustee.
Q: How do I handle handle bank accounts that do not have a living benficiary listed ?
Joseph Jaap's answer
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 the executor to be paid from the proceeds of the estate. Use the Find a Lawyer tab to consult an attorney in the county in which your parents were living, to review the facts and circumstances and...
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 the executor to be paid from the proceeds of the estate. Use the Find a Lawyer tab to consult an attorney in the county in which your parents were living, to review the facts and circumstances and...
Q: My sister and I are settling my mother's estate. She is the executor. Is she obligated to share information with me
Joseph Jaap's answer
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 members, heirs, and beneficiaries have the right to file a request for a hearing with the court if any think the executor or administrator is not doing what is required by law or is acting improperly....
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 members, heirs, and beneficiaries have the right to file a request for a hearing with the court if any think the executor or administrator is not doing what is required by law or is acting improperly....
Q: Can an administrator of an estate kick me out without written notice? Is this an eviction?
Joseph Jaap's answer
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.
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?
Beverly A Stull's answer
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.
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?
Joseph Jaap's answer
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.
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.
Joseph Jaap's answer
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 Find a Lawyer tab and retain a local estate planning attorney to review all the facts and advise, and prepare affidavits, wills, living wills, powers of attorney, and other documents that could be...
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 Find a Lawyer tab and retain a local estate planning attorney to review all the facts and advise, and prepare affidavits, wills, living wills, powers of attorney, and other documents that could be...
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.
Joseph Jaap's answer
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 properly based on his situation. Use the Find a Lawyer tab to retain a local estate planning attorney familiar with elder law issues to help him. Call around to find one. It might cost him a few hundred...
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 properly based on his situation. Use the Find a Lawyer tab to retain a local estate planning attorney familiar with elder law issues to help him. Call around to find one. It might cost him a few hundred...
Q: The Estate Attorney just told me my Great great Aunt estate is 90% complete, when can I expect my part of it?
Beverly A Stull's answer
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.
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.
Q: My ex sister-in-law is trying to say I am not mentally capable to handle my financial. Responsibility's , and need some
Joseph Jaap's answer
Use the Find a Lawyer tab to retain a local estate planning attorney to review all the facts of your situation and advise you about any inheritance issues.
Use the Find a Lawyer tab to retain a local estate planning attorney to review all the facts of your situation and advise you about any inheritance issues.
Q: Irrevocable trust Settlor question
Beverly A Stull's answer
No. Your mother should be the Settlor. There is no need to hide money from Medicare; they were probably referring to Medicaid, which can look back 5 years to see if there were any transfers for less than Fair Market Value for the purpose of Medicaid eligibility. If your mother needs Medicaid within 5 years of funding the trust, you or your attorney would have to lie when they ask if there have been transfers. If Medicaid asks to see 5 years of records, they will question the transferred...
No. Your mother should be the Settlor. There is no need to hide money from Medicare; they were probably referring to Medicaid, which can look back 5 years to see if there were any transfers for less than Fair Market Value for the purpose of Medicaid eligibility. If your mother needs Medicaid within 5 years of funding the trust, you or your attorney would have to lie when they ask if there have been transfers. If Medicaid asks to see 5 years of records, they will question the transferred...
Q: I have one brother who is homeless and no contact or able to locate. Do we include him estate. Has mental health issues
Joseph Jaap's answer
Yes, he must be named and notified, if possible. An attorney can advise what to do if he cannot be located. Use the Find a Lawyer tab to retain a local probate attorney to assist you.
Yes, he must be named and notified, if possible. An attorney can advise what to do if he cannot be located. Use the Find a Lawyer tab to retain a local probate attorney to assist you.
Q: family home was quit deed to the next in line but they never proceeded in probate court due to taxes what can we do now?
Joseph Jaap's answer
There is no way to answer this question without reviewing the deed and all the facts. Use the Find a Lawyer tab to retain a local probate attorney who can review all the real estate records, facts and circumstances, and then advise of options to proceed.
There is no way to answer this question without reviewing the deed and all the facts. Use the Find a Lawyer tab to retain a local probate attorney who can review all the real estate records, facts and circumstances, and then advise of options to proceed.
Q: How can one gain legal possession of the vehicle of a deceased sibling without a will or trust?
Joseph Jaap's answer
As your wife has discovered, dealing with the probate court requires knowing the probate process. She should retain a local probate attorney to review the situation, and advise her of her options to file.
As your wife has discovered, dealing with the probate court requires knowing the probate process. She should retain a local probate attorney to review the situation, and advise her of her options to file.
Q: My mom died and before she died she said I could have her trailer I have been living with her for 6 years prior to her d
Joseph Jaap's answer
Use the Find a Lawyer tab to retain a local probate attorney to review any will, deed, and other property ownership, and whether a family member files your mother's estate with the probate court.
Use the Find a Lawyer tab to retain a local probate attorney to review any will, deed, and other property ownership, and whether a family member files your mother's estate with the probate court.
Q: My sister is on life support and her husband needs her to sign forms for their health insurance. What can he do.
Joseph Jaap's answer
She would have to be mentally competent to sign a power of attorney form. If so, then he should immediately contact a local attorney. If she is not, then it is too late for that, and her husband or you would have to apply to be her guardian.
She would have to be mentally competent to sign a power of attorney form. If so, then he should immediately contact a local attorney. If she is not, then it is too late for that, and her husband or you would have to apply to be her guardian.
Q: settlement from nursing home for my mother does it go to estate or siblings settlement was after her death
Joseph Jaap's answer
It depends on to whom the nursing home writes the check. If to the estate, then a probate estate must be opened. In whose name was the claim made? If your sister made a claim in her own name, then the settlement might be to her, not the estate.
It depends on to whom the nursing home writes the check. If to the estate, then a probate estate must be opened. In whose name was the claim made? If your sister made a claim in her own name, then the settlement might be to her, not the estate.
Q: Dad residing in perrysburg, OH died July 5. Have brother that Is executor never mentioned anything abt dads estate.
Joseph Jaap's answer
You need an attorney to determine the status of any probate case and advise you. If a probate case has not been opened, then you could open it. Use the Find a Lawyer tab to retain a probate attorney in the county in which your father was living.
You need an attorney to determine the status of any probate case and advise you. If a probate case has not been opened, then you could open it. Use the Find a Lawyer tab to retain a probate attorney in the county in which your father was living.
Q: My step dad has a will. My mother has power of attorney and guardianship over estate. My step dads brother refuses to
Ben F Meek III's answer
She needs to talk to an experienced estate planning or probate lawyer. Your step-father's will is not important until he dies. But if your mother was appointed his attorney-in-fact (agent) in his Durable Power of Attorney, then she has the authority to act on his behalf. If it's not a Durable power of attorney, it may not be effective if he is incapacitated. If she has been appointed guardian over him or over his property by a court, she not only has the authority but may also have a duty...
She needs to talk to an experienced estate planning or probate lawyer. Your step-father's will is not important until he dies. But if your mother was appointed his attorney-in-fact (agent) in his Durable Power of Attorney, then she has the authority to act on his behalf. If it's not a Durable power of attorney, it may not be effective if he is incapacitated. If she has been appointed guardian over him or over his property by a court, she not only has the authority but may also have a duty...
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