Ask a Question

Get free answers to your Estate Planning legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Ohio Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Ohio on
Q: I am divorced with 2 children: (6-30-99) & (8-4-02). I need a good will at no cost. Advice?

I'd like to know if it is possible to establish a quality will at no cost. If so, what resources are available to me? Thanks.

James Jeffrey Jackson
James Jeffrey Jackson
answered on May 14, 2018

Unfortunately you get what you pay for. A no cost will may not be very good. Fist of all, there are statutory requirements for determining if a will is valid. Secondly, you want to make sure your will accomplishes your goals. Spend the money for a quality will.

1 Answer | Asked in Estate Planning for Ohio on
Q: When my father died I made a verbal agreement with my aunt on the arrangements and I would pay back with life insurance

But when she produced the will it says the estate is responsible for the arrangements not the life insurance and she is the estate and I am not in it at all. Would the will over rule the verbal agreement because I don't thinkninshould have to pay her back since the will says the estate is... View More

Joseph Jaap
Joseph Jaap
answered on Apr 26, 2018

The estate would pay back whoever paid his funeral expenses as a first priority claim. So if she is repaid by the estate for the funeral, there would be no need for you to pay her a second time. And she would have to sue you on the verbal agreement to force you to pay. So it is unlikely you will... View More

1 Answer | Asked in Estate Planning for Ohio on
Q: Mom changed her will leaving everything to one granddaughter after alshimer diagnosis.
Joseph Jaap
Joseph Jaap
answered on Apr 26, 2018

A diagnosis alone might or might not be sufficient to determine that a person was not mentally competent to change a will. If a claim is made that the will is invalid, medical assessments would have to be obtained to document mental capacity, and the probate court would determine if the will... View More

1 Answer | Asked in Elder Law and Estate Planning for Ohio on
Q: Does a home in an irrevocable trust get a step up in basis upon death of the grantors?

My parents are thinking of placing their home in an irrevocable trust in order to avoid medicaid estate recovery if they are to need long term care. Are there ways to draft the trust so that when it is sold after their deaths that we can avoid substantial capital gains taxes by receiving a step... View More

Moshe Toron
Moshe Toron
answered on Apr 24, 2018

Yes, this is commonly done by including a trust provision that causes the trust to be includable in the decedent's estate for tax purposes only.

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Ohio on
Q: Regarding Ohio SNF ResidentTrust Fund/Personal Needs Account.

When a resident expires and there is not a beneficiary who is entitled to the resident's personal money?

I'm not referring to Medicaid money. I know that money goes back to the state.

I'm told the SNF must write the check to The Estate of.. but, when this is done the... View More

Moshe Toron
Moshe Toron
answered on Apr 19, 2018

Perhaps there is an unpaid funeral bill to be paid.

See Ohio Administrative Code 5160-3-16.5)H)(3)(c) "If funeral and/or burial expenses for a deceased resident have not been paid, and all the resident's resources other than the PNA have been exhausted, the resident's PNA...
View More

1 Answer | Asked in Estate Planning for Ohio on
Q: My aunt has been ill and unable to sign her will. She provided a copy of the will along with a note granting me

permission to have the will notarized. She did not sign anything other than the note and left instructions where to take

the documents. Unfortunately, she passed unexpectedly before I could complete her wishes. How do I proceed with her will/wishes?

Joseph Jaap
Joseph Jaap
answered on Apr 16, 2018

The will is not valid. There is nothing you can do with it to make it valid. It is too late. If she has an earlier valid will that can be located, that will would control, and would be admitted to probate court to carry out her wishes in that will. If there is no earlier will, then her estate... View More

1 Answer | Asked in Estate Planning for Ohio on
Q: Does trustee (older brother) have full discretion at his whim whether other siblings have qualified needs for withdrawl?

clause: "If, at any time in the discretion of the Trustee, any child should be in need of funds for his or her proper care, health, support, maintenance ad education, the Trustee may...pay to or apply for the benefit of such child such amounts from the principal of his or her Trust Estate, up... View More

Moshe Toron
Moshe Toron
answered on Apr 8, 2018

In Ohio, the trustee must act reasonably and in good faith when exercising a power that has an ascertainable standard, such as the trust you have. Here is the Ohio statute:

5808.14 Judicial standard of review for discretionary trusts.

(A) The judicial standard of review for...
View More

2 Answers | Asked in Estate Planning for Ohio on
Q: In Ohio can the agent for Power of Attorney live in another state? Can you have agent for financial and one for medical
Joseph Jaap
Joseph Jaap
answered on Apr 4, 2018

An agent can reside in another state, and there can be separate agents. Use the Find a Lawyer tab to retain a local estate planning attorney who can advise on the proper forms to minimize future problems.

View More Answers

1 Answer | Asked in Estate Planning for Ohio on
Q: Can a will be written leaving all possessions to a spouse but then adding restrictions if the spouse remarries?

After leaving everything to the spouse, Can the will state that the surviving spouse must put everything into a trust for the children if they remarry. Would that be enforcable?

Joseph Jaap
Joseph Jaap
answered on Apr 3, 2018

There are ways to accomplish this, but it really requires sitting down with an estate planning attorney who can review all the facts and goals, and then discuss options for accomplishing those goals, whether by a will, a trust, or some other arrangements. The Find a Lawyer tab can help find a... View More

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: If I'm the insured on a whole life policy, can my father take me to probate court if he is not the owner?

Any amswers?

James Jeffrey Jackson
James Jeffrey Jackson
answered on Apr 3, 2018

Your question does not provide enough information. Why would your father take you to probate court?

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: My mother just passed- she does have a Will but its just a photocopy and isn't signed... Is it still usefull?

We spoke with the lawyer that made the Will back in 1981 and he informed us he didn't file the Will he just gave it to my mom to put in safe keeping... He has since retired...

James Jeffrey Jackson
James Jeffrey Jackson
answered on Apr 2, 2018

An unsigned will is not valid. If the will treated her heirs equally, then you can open her probate estate without a will and her assets will be distributed according to the state statutes, which could be very similar to her unsigned will. You should contact a probate attorney in the county where... View More

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: When the parents of 2 children pass away,does both children have to be notified that the other parent passed away?

My father passed away about 6 months ago and nobody notified me about it...my mother is still alive..im afraid when she passes away,nobody will notify me about her passing as well..is it law that I have to be notified?

James Jeffrey Jackson
James Jeffrey Jackson
answered on Apr 2, 2018

If your mother's estate is probated after she passes away, then you are entitled to notice of the probate process. That said, your relatives need to know where you live so they can notify you. If you care about your mother, stay in contact with her.

1 Answer | Asked in Banking, Estate Planning and Probate for Ohio on
Q: i am having issues about an account belonged to my next of kin

my next of kin passed away in 2007 and there wasn't a will. Besides, he didn't have any close family. I have recently been informed about his death and the fact that he had an account in Barclays Bank.

James Jeffrey Jackson
James Jeffrey Jackson
answered on Apr 2, 2018

You should contact a probate attorney in your area. You will most likely have to pay a retainer. If the Barclays account does not have significant value, it may not be worth the cost to open the probate estate.

1 Answer | Asked in Estate Planning, Probate and Elder Law for Ohio on
Q: My father inlaw has dementia his wife obtained powe of attorney .

We want to bring him home with us to try to help his dementia thru diet and alternative methods.

Joseph Jaap
Joseph Jaap
answered on Apr 2, 2018

Use the Find a Lawyer tab to contact a local probate attorney who does guardianships to review all the facts and advise you what you can do to try to obtain guardianship.

2 Answers | Asked in Estate Planning, Elder Law and Health Care Law for Ohio on
Q: My mother is 84 with Alzheimer's in Ohio. How do we best use her remaining assets to provide her medical care?

My Brother and I have Power of Attorney.

Joseph Jaap
Joseph Jaap
answered on Mar 19, 2018

Use the Find a Lawyer tab to locate an estate planning attorney with experience in elder law issues, including Medicaid.

View More Answers

1 Answer | Asked in Estate Planning for Ohio on
Q: This question is regarding the Trust Agreement of my Mother who currently is still alive.

I am her daughter, with POA. currently my mom, Irene Hicks is both Grantor and Trustee of the Trust Agreement. I will become Successor Trustee upon her "on the resignation, removal, incompetency or death of Irene M Hicks".

In the Witnesseth section it says "whereas the... View More

Joseph Jaap
Joseph Jaap
answered on Mar 19, 2018

You should consult a local estate planning attorney to assist you with the process, who can review the trust and POA, and advise you how to do it properly. If you don't do it properly, it could cause you bigger problems later. Use the Find a Lawyer tab.

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: My mom lives with her mother has for 4 yrs. Now that mom is passing can her siblings kick her out?

When my grandpaw passed my mom moved in to help my grandmaw. She was diagnosed with brain cancer. She is passing an her two older siblings would not let my grandmaw make a will. Her house is paid off so it was put into all 4 of her children's names. Now the 2 older ones are telling my mom they... View More

Joseph Jaap
Joseph Jaap
answered on Mar 1, 2018

Your mother should retain a local estate planning attorney to review all the facts and advise her. If someone is prevent her from making a will, then other family members should assist mother in talking to an attorney.

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Father recently passed away, he only has a truck that's Paid off. I'm his only child. How do I get the truck in my name

I was told by probate court to find the right paper online and fill it out. What paper is for me. He didn't have a will. I'm the only child. Do I have to pay for this or have to have a attorney. I'm lost and need help.

Joseph Jaap
Joseph Jaap
answered on Feb 27, 2018

Go online and look at forms for Summary Release or Relief from Administration for the county probate court where he was living. There are instructions with the forms online. If you can't figure it out, then use the Find a Lawyer tab and retain a local probate attorney to assist you for a few... View More

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: If a family member dies are we responsible for clean up of house and bills my father didnt have a will either

We got all valubles out the house to so we responsible for clean up of house

Joseph Jaap
Joseph Jaap
answered on Feb 19, 2018

Nobody has to do anything at this point or pay any bills. But does the house have any value? If so, then a family member will have to investigate how the house was owned. If not joint ownership, and no right of survivorship or transfer on death instructions, then someone will have to file in the... View More

1 Answer | Asked in Estate Planning for Ohio on
Q: Elderly cousin who is terminal in Ohio has a sizeable estate but refuses to make a will.

The cousin has no children, spouse, or siblings as all have already died. The deceased siblings have 3 or 4 living sons and the cousin does not want them to inherit her asset and has not had contact with them in 30 years. The daughter of a deceased cousin has a HCPOA and a durable POA to help out... View More

Joseph Jaap
Joseph Jaap
answered on Feb 15, 2018

You can't force someone to make a will. You could make an appointment for an estate planning attorney to meet with the cousin and talk about the issues. If someone dies without a will, a relative can file to open a probate estate, be appointed administrator by the probate court, and then... View 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.