Lawyers, Answer Questions  & Get Points Log In
Ohio Estate Planning Questions & Answers
2 Answers | Asked in Banking and Estate Planning for Ohio on
Q: My mother and I had Joint bank accounts. And in the will it states for her estate to be devided 50/50

My sister was named executor over the will. I was wondering if the joint bank accounts my mother and I had Together would have to go through the probate or would be considered part of the will.

My mother always helped her sister out with finances and my sister is trying to take out that... Read more »

C. Lawrence Huddleston III
C. Lawrence Huddleston III answered on Sep 28, 2020

If the account was "Joint with Rights of Survivorship" as most "joint" accounts are, the account goes directly to you. It does not go through probate and therefore is not controlled by the Will. All you need to do is take an original death certificate and a photo ID to a bank... Read more »

View More Answers

3 Answers | Asked in Estate Planning for Ohio on
Q: My father recently passed away with no will.Just my sister and i. Next steps in regard to estate? Ohio

My father passed away a week ago. He didn't have a will or anybody appointed to take care of his estate. He had no life insurance either. It's just my sister and I and we are on the same page with everything. Just wondering about next steps legally for his estate. He had a little credit... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Sep 26, 2020

We would first need to know more information.

1) How large is his estate?

2) Do either of you live in Ohio?

View More Answers

1 Answer | Asked in Real Estate Law and Estate Planning for Ohio on
Q: My grandmother had a will leaving all 4 of her children her house. My father has passed does his share go to his kids?

My half siblings are splitting the money between them and not giving me anything. Can I sue for my half? What kind of lawyer do I get?

Nicholas P. Weiss
Nicholas P. Weiss answered on Sep 12, 2020

It depends on what the will says. Usually, there is a provision saying that if someone predeceases the decedent, that their share goes to their children evenly. That's the default rule anyway in Ohio if the will is silent on that. If either of those are true then you should be sharing evenly... Read more »

1 Answer | Asked in Landlord - Tenant, Estate Planning and Real Estate Law for Ohio on
Q: I rent a duplex in OH. Landlord had meter readings mixed up. I figured out 11 months later when the downstairs neighbors

Moved in. (No one was there before.) The bill was near $300 for electric. After weeks of trying to get the landlord to fix it, and the electric company out. He is telling me that I owe the difference. Though it was not my fault. Is this legal?

Joseph Jaap
Joseph Jaap answered on Sep 9, 2020

If your lease requires you to pay the electric that you use, then you are obligated to pay whatever the proper billing for your usage works out to be, regardless of the mix up. If you don't pay, landlord can subtract from your deposit, sue you for any additional amount, or file to evict you.

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: My father lived in Ohio when he died. I live in RI. I came to Ohio to handle his affairs and the property manager of his

building wont let me in his apartment. He was divorced, I'm his only child. I have paid for his cremation, even have a letter from the funeral home stating this. I am only in the state for a few days. How am I able to get access to his place so I can get any documents ,pictures and his... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 2, 2020

Only an executor or administrator appointed by the probate court would have legal authority to enter the apartment. The manager would have to let that person in, but nobody else. Use the Find a Lawyer tab to retain a local probate attorney to review the situation and advise you before the manager... Read more »

View More Answers

2 Answers | Asked in Estate Planning for Ohio on
Q: POA for my mom

My mom has been in and out of nursing homes and been paralyzed with a stroke and can not speak or understand, just this week I had to put her into hospice and she has gerber life insurance that I have been paying for her incase if something happens, The nursing home has tried the POA thing and told... Read more »

Mark Martin Turner
Mark Martin Turner answered on Sep 2, 2020

If your mother is not mentally competent, she will not be able to sign any POA. From your description, I believe this is the case. If she is in Hospice, my sympathies, I would continue to pay the premiums on the policy. When she passes, you will be able to make a claim on the policy by providing... Read more »

View More Answers

1 Answer | Asked in Estate Planning for Ohio on
Q: If my dad is sedated to the point where he cannot add another POA, what can I do to help his current POA?

My dad is currently sedated and on a ventilator and unable to speak or communicate in any way. My mom is his current POA, however, I am wondering what you suggest for me to be able to legally be able to work alongside my mom to help her with his small business, rental properties, etc.

C. Lawrence Huddleston III
C. Lawrence Huddleston III answered on Aug 27, 2020

You can always work along side your mother to help her, if she wants your help. But she is the only one with legal authority, so if she doesn't want your help, there will be nothing you can do except, if you think she is not competent to handle his affairs, you could file an application for... Read more »

2 Answers | Asked in Estate Planning for Ohio on
Q: Can a POA appoint another person or co-agent to help them?

My dad is currently in the hospital and my mom is his POA, I was wondering if she is allowed to request a co-agent such as myself to help her with his estate? I was not sure if she is legally allowed to appoint someone to help her without his verbal consent as he is not able to talk.

Joseph Jaap
Joseph Jaap answered on Aug 27, 2020

She cannot appoint someone. You can assist her, but she remains legally responsible under the POA. He can also appoint you by a POA, if he is mentally competent to execute a new POA, even if he can't speak.

View More Answers

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: My mother is deceased and her boyfriend won’t let me get her belongings,I use to live there and still get mail Whatdoido

She lived there with him for 5 years and I still receive mail there and he’s denying access

Joseph Jaap
Joseph Jaap answered on Aug 18, 2020

It depends on who owns it. If she owned it, file to open her estate, and the person appointed executor or administrator can take action. If she was a tenant, talk to the landlord or the executor or administrator can talk to landlord or take action. If boyfriend owns it or is the tenant, then you... Read more »

1 Answer | Asked in Contracts, Criminal Law and Estate Planning for Ohio on
Q: What does being power of attorney for an inmate entail?

My close friend is currently in jail and would like to give me power of attorney. Currently, his family has his money, bank account information, social security card, as well as other important legal documents. He does not trust his family to have his best interest due to them being the ones that... Read more »

Jeffrey J Ferguson
Jeffrey J Ferguson answered on Aug 17, 2020

As power of attorney you would be able to look out for the inmates financial interest and do the same as he would. There are laws against using his assets for self interest and that should be avoided.

1 Answer | Asked in Estate Planning for Ohio on
Q: I am the remainder beneficiary of a trust created by my father. Am I legally responsible for maintanace on the house?

The problem is that my father gave my step mother ( they were married for a year and he committed suicide) the right to reside in the house until she dies, remarries or moves out. She is responsible per the trust for taxes and homeowners insurance but not upkeep or maintenance. However there is... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 14, 2020

You don't have to pay. But if maintenance is not done, then the house will fall into disrepair. As beneficiary, you could go to court to force the trustee to maintain the property. The trustee could take out a loan on the house to pay for it. Use the Find a Lawyer tab to retain a local... Read more »

1 Answer | Asked in Criminal Law, Estate Planning, Family Law and Civil Litigation for Ohio on
Q: I want to add a document to an answer, do I add them to the plaintiffs documents or start my own set of documents?

The plaintiffs documents are false and I do not really want to use them but I don’t want add those to my answer. I haven’t referred to them at all in my answer but I want to add an original will, do I add it to my own as exhibit a or do I add it onto the plaintiffs as exhibit E?

Taylor P Waters
Taylor P Waters answered on Aug 13, 2020

Hi there, your question is a bit too complex to ask over this medium. A good probate attorney should be able to point you in the right direction.

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: What do i need to do to ensure upon my grandfather's passing that I can transfer a car title into my name/ownership ?

I just want to make sure that when the time comes i dont run into any problems or delays. Both he and I want to make sure we have any paperwork needed in place to avoid issues.

Matthew Williams
Matthew Williams answered on Aug 8, 2020

You and he can do an affidavit to transfer title upon his death, then it will be automatic.

View More Answers

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: separated from husbsnd. He passed and his live in girlfriend took everything of his. Even his personal clothing. Can she

do that

Joseph Jaap
Joseph Jaap answered on Aug 6, 2020

Legally, she is not entitled to any of his property, unless he had a will that left things to her. But -- unless immediate action is taken by family members of the deceased in such a situation, someone with access to the deceased's property can often take it. Once it's gone, it can be... Read more »

1 Answer | Asked in Probate and Estate Planning for Ohio on
Q: My brother lied to us about what's in my aunt will, but it didn't require probate.

My brother lied to us about what's in my aunt will, but it didn't require probate.

My aunt passed Nov. 2019. My brother is the executor & mad at me. I need to know when he has to be done. She left me 10k, jewelry, books, etc.

I ordered a copy of the will. Its public... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 3, 2020

Don't rely on what your brother tells you. If he did not file and open her estate with the probate court, then the court has not appointed him or anyone else to be the executor. A will merely nominates a person to be executor, but the court must act to appoint the executor. So your brother... Read more »

1 Answer | Asked in Estate Planning for Ohio on
Q: Where do I go to find a Pro Bono Trust Layer in Cincinnati, Loveland or Clermont County Ohio

All so where would I go to find a listing of the best Trust Layers in Cincinnati Loveland or Clermont County, Ohio regardless of the Pro Bono status.

Also who makes up this list?

Moshe Toron Esq
Moshe Toron Esq answered on Jul 27, 2020

There is no official list for that. You could call the Cincinnati Bar Association and ask them for a recommendation.

1 Answer | Asked in Estate Planning and Juvenile Law for Ohio on
Q: Is it possible to get emancipated being on probation just turning 17?

I’m bouta turn 17 and want to get my own apartment but I’m on probation..would this be possible at all?? I can show that I can financially take care of myself.

Joseph Jaap
Joseph Jaap answered on Jul 27, 2020

Ohio does not allow emancipation for your situation. A landlord is unlikely to rent to a minor, since the lease would be unenforceable against you. More information at this link:... Read more »

2 Answers | Asked in Estate Planning for Ohio on
Q: How do you go about writing a will? Do you do it with your spouse or does each person write their own? What is the cost?

What type of lawyer do we hire?

C. Lawrence Huddleston III
C. Lawrence Huddleston III answered on Jul 22, 2020

Wills are individual, not joint. In the modern medical and tax world, simple Wills are not nearly enough. You should meet with an attorney who specializes in Wills, Trusts and Estate Planning. You can find a list of Certified Specialists on the Ohio State Bar Association website. Some attorneys... Read more »

View More Answers

2 Answers | Asked in Estate Planning for Ohio on
Q: Ownership of life insurance on another person if the owner dies?

My mother had a whole life insurance policy on my step father and my mother passed away can another person besides the insured change ownership of the policy that is not related to her? Before my mother passed away I was named as her executor.

Nina Whitehurst
Nina Whitehurst answered on Jul 17, 2020

The insured cannot change the ownership of the policy; only the owner can do that. But the owner has died, so now this is an asset that needs to be probated. The life insurance policy that your mother owned on the life of another is now an asset of her estate and needs to be distributed according... Read more »

View More Answers

1 Answer | Asked in Landlord - Tenant, Estate Planning and Probate for Ohio on
Q: I'm an executor of my Mother's estate in Ohio. It has been 5 months since she passed and there are 6 siblings.

One of my siblings had been living there rent-free and is not actively trying to vacate the home. What are my options

Joseph Jaap
Joseph Jaap answered on Jul 14, 2020

If you have opened the estate with the probate court, and if you have a letter of authority issued by the probate court appointing you as executor, then you have the legal right to require the sibling to pay rent. Or you can evict the sibling and otherwise deal with the property as provided in... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.