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Ohio Estate Planning Questions & Answers
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
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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... View 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... View More

Nina Whitehurst
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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... View 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
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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
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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... View 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... View More

Moshe Toron
Moshe Toron
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... View 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... View More

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: How do we access my father's will if it was never filed and wife will not let us see it.

She says everything was left to her and never let us see the will. We (his adult children) were in his will at one point, but not sure if it was changed once they got married or once he got sick. Is there anything we can do?

Nina Whitehurst
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answered on Sep 10, 2019

Yes, you can hire a probate attorney to help you probate your dad's estate. That will smoke out the will. No matter how many you ask this question the answer wil be the same. Obviously simply asking for a copy has not worked, and why bother suing her for a copy when you can send your legal... View More

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1 Answer | Asked in Estate Planning for Ohio on
Q: My father died 4 years ago. His wife would not let us see the will and it was never filed with probate. Can we do anythi

My 20 year old sister was living with him and fully supported by him. Wife kicked her out as soon as he died. He did have a will but wife said everything was left to her.

Nina Whitehurst
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answered on Sep 10, 2019

One option would be to hire an attorney to open a probate by intestate succession and have you named as the personal representative. Under the laws of intestate succession in most states, the children get half of the estate absent a will. The wife will be served with the papers and that will... View More

2 Answers | Asked in Estate Planning for Ohio on
Q: What does it cost to establish a will and trust?
Joseph Jaap
Joseph Jaap
answered on Aug 30, 2019

Cost depends on how simple or complex a person's situation is, what their goals are, the size of their estate, and what documents they need prepared, which can include a will, different kinds of trusts, health care and financial powers of attorney, living will, medicaid planning, etc. Costs... View More

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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: I need to have something written up for my son for when I die. Where do I start
Joseph Jaap
Joseph Jaap
answered on Aug 27, 2019

Use the Find a Lawyer tab to locate a local estate planning or elder law attorney who can review your financial situation and goals, and prepare documents, which include a will, health care power of attorney, living will, and a financial power of attorney. It could also include a trust to address... View More

1 Answer | Asked in Estate Planning, Landlord - Tenant and Probate for Ohio on
Q: My mom passed away and left her home to five siblings my brother moved And not paid our share and won’t what can we do

My brothers wife has threaten to have me arrested if I go to my moms house

Joseph Jaap
Joseph Jaap
answered on Aug 26, 2019

Check with the local probate court where your mother was living to determine if her estate has been opened by filing with the court and whether the ownership of the house must be transferred by the probate court to the siblings, or if it transferred by survivorship deed or transfer on death deed or... View More

3 Answers | Asked in Estate Planning, Real Estate Law and Foreclosure for Ohio on
Q: I lived with my fiance for 12 yrs. and he passed away on May 31. His house is in mortgage and they want their money.

I am not able to pay the mortgage due to waiting for opers benefits and for his family's attorney to get everything put into my name. i need to know what i can do before our house is taken from us. Was planning on paying off mortgage once i received his opers benefits.

Taylor P Waters
Taylor P Waters
answered on Aug 22, 2019

That depends, there are a few ways to delay foreclosure and hold the bank off depending on where you are in the process. It would be difficult to answer without more information.

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1 Answer | Asked in Estate Planning for Ohio on
Q: Hello, I have a quick question but there's not enough room to ask it here.

my grandma has dimentia. and needs care throughout the day, cooking, cleaning, bathing. etc. Somoene told me the state will pay me to take care of her, but then someone also said when she passes away, they will take all of that money that they paid me out of her estate. I was just... View More

Moshe Toron
Moshe Toron
answered on Aug 20, 2019

If she has her own assets, such as a house, then the state can go after those assets as reimbursement for funds they paid out to you. However, some exceptions apply.

2 Answers | Asked in Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Ohio on
Q: I own both a car and house with a girl, we are not married. If I die will she take full ownership or do I need a will?

We live in Ohio and I’m not sure if I need to make a will and leave my half of these things to her, or if the intestate laws will guarantee she gets full possession of the house and car? I don’t want my family trying to claim half of these items if something happens to me.

Moshe Toron
Moshe Toron
answered on Aug 20, 2019

If you own an asset together and the title contains the words " joint owners, with rights of survivorship" then the asset would pass to the other person automatically upon the first to die.

Otherwise, you need a will that names your girl friend.

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1 Answer | Asked in Estate Planning for Ohio on
Q: My mom died and her wife is having me handle the estate where do we go for her to sign over estate rights

She is willing handing it over I just need a document that states I can handle her estate but I don't know where to get that

Nina Whitehurst
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answered on Aug 17, 2019

Hire a local probate attorney to help you petition the court to be appointed executor of her estate.

2 Answers | Asked in Estate Planning for Ohio on
Q: How much (in a general range) should I expect to pay for making a will and establishing a trust?
Joseph Jaap
Joseph Jaap
answered on Aug 8, 2019

It's like asking how much a new car costs. It depends on whether you are getting small, basic transportation, or want something bigger, more elaborate, with a lot of options. A "simple" will might be a few hundred. A "simple" trust the same. At a meeting with an... View More

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1 Answer | Asked in Estate Planning and Real Estate Law for Ohio on
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... View More

Joseph Jaap
Joseph Jaap
answered on Jun 14, 2019

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... View More

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