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Ohio Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: My partner passed away suddenly without a will. His estate is now in the hands of the son who needs my help and guide

My partner and I had a business together. The business is under his name. I am unsure how the son needs to sort that out as well as his other business and even personal things needing to be done with possibly taxes, debts or assets.

Andrew Popp
Andrew Popp
answered on Feb 1, 2022

Determining how a business is to be handled is a complex question. You need to review the operating agreement or bylaws depending on how the business is organized. I highly recommend sitting down with a probate attorney to review the situation in detail and advise you.

Best of luck.

1 Answer | Asked in Estate Planning for Ohio on
Q: Who has the right to an estate of a Transfer on Death if the recepient dies two weeks later?

Would it go to the family of the original owner or into the estate of the person who was supposed to receive it? This person died before it could be filed with the recorder

Andrew Popp
Andrew Popp
answered on Jan 28, 2022

See Section 2105.32 of the Ohio Revised Code. If the beneficiary survived the original owner my more than 120 hours, then his or her rights in the property vested. The rights to the property go to the estate of the beneficiary. These are of course general statements and not advice particular to... Read more »

1 Answer | Asked in Estate Planning for Ohio on
Q: As the Successor trustee to a Revocable Trust, all assets are distributed, the balance is zero. What is my next step?
Aaron Epling
Aaron Epling
answered on Jan 25, 2022

Assuming assets were properly distributed, does the trust need to file a tax return? If not, then you may be finished. I'd send a letter to the beneficiaries indicating that the trust has been wrapped up.

2 Answers | Asked in Estate Planning for Ohio on
Q: My mom passed in 2018. Can I get the money left in the bank
Mark Martin Turner
Mark Martin Turner
answered on Jan 25, 2022

Yes, if you open up her Probate estate, assuming it is still in the bank. If it has es-cheated to the State, you may need to get it from the unclaimed funds. In either case, you will need to open her Probate estate and the funds will go to her heirs, either by will or, if there is no will, by... Read more »

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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Trying to confirm the legitimacy of my fathers will. Upon his passing.

His wife AND his lawyer said they both have a copy of a 2018 rough drafted will (not signed nor registered). Later the wife finds another 2009 will she is stating it is signed (but not witnessed or registered). None of his children have been notified by a lawyer yet. Does she, as his wife have the... Read more »

Joseph Jaap
Joseph Jaap
answered on Jan 13, 2022

You can challenge the validity of the will when it is filed in the probate court. You should receive notice of documents filed with the probate court to open the estate, and then there can be a court hearing for you to object. The court is unlikely to accept a will that has not been properly... Read more »

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Ohio, an estate is in probate, the 2 cars were transferred into the 2 heirs names, is there a way to avoid capital gain?
Joseph Jaap
Joseph Jaap
answered on Jan 7, 2022

Only valuable collector cars increase much in value to result in much of a taxable capital gain, although the used car market is seeing higher prices. But it doesn't matter, since an heir takes an asset at its current fair market value. If the heir sells immediately at the same fair market... Read more »

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: I want to know can someone be named the next of kin if they have blood relatives that are still alive?

My aunt passed away, and she doesn’t have any children, she was divorced, and her parents have passed on. I assumed that the next of kin would be the next blood relative, which would be my mother, because my mother is the oldest sibling. The hospital that my aunt passed at stated that another... Read more »

Andrew Popp
Andrew Popp
answered on Jan 7, 2022

Your question implicates multiple provisions under Ohio's Revised Code.

Ohio Section 2108.70-2108.99 will be pertinent to your situation. I have included a link below to the chapter. All in all, you may need to retain an attorney if there is a dispute regarding your aunt's...
Read more »

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2 Answers | Asked in Estate Planning for Ohio on
Q: My siblings and I were the recipients of my mothers house many years ago. The transfer says she may live there for the

Rest of her natural life. She is in a memory facility with no chance at recovery from her cognitive decline. May we sell the house?

Or must we board it up until her physical death?

Moshe Toron Esq
Moshe Toron Esq
answered on Jan 6, 2022

If her Power of Attorney document allows you to sell real estate, then you can sell it now.

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1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Probate for Ohio on
Q: My Father had a will and Trust done after my Mother died in 2012. My Father died in April 2020.

My sister was appointed Executrix of my Fathers estate and another sister Trustee of his trust. The day after my Fathers funeral service the Executrix and her husband and kids started to go through my Fathers house and started clearing it out and giving stuff away on top of whatever she took for... Read more »

Andrew Popp
Andrew Popp
answered on Nov 3, 2021

The answer depends on a number of additional factors. A key issue that needs to be addressed is whether the household goods were considered a probate asset, or an asset of your father's Trust. As the other attorneys have advised, the analysis is too complex for an answer on this forum. You... Read more »

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Business Law for Ohio on
Q: My wife owned a cemetery plot and passed without a will. Does it go to me?

My wife owned a cemetery plot and passed without a will. She had three children from a previous marriage but paid for the plot while we were married. As her next of kin, do I now own that plot?

Aaron Epling
Aaron Epling
answered on Nov 1, 2021

Call the cemetery and ask them. Sometimes, cemetery plots will pass under cemetery rules. Even if it has to go through probate, you will probably be able to get it.

1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Probate for Ohio on
Q: My Father passed away back in April 2020. He had a will done and a Trust done after my Mother passed away back in 2012.

The attorney that did my Fathers will and Trust is a close friend of my brother. I have 2 brothers and 3 sisters. I just recently found out from this same brother that he and my other brother and 2 of my sisters went with my Dad to get his will and Trust done. My 2 sisters that were there were put... Read more »

Joseph Jaap
Joseph Jaap
answered on Nov 1, 2021

Use the Find a Lawyer tab to retain a local attorney who handles trusts and estates to review the situation and advise you.

1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Probate for Ohio on
Q: I have a question about a will and Trust my Father had done after my Mother passed away in 2012. My Dad died April 2020.

My sister is Executrix of my Fathers Estate and another sister is Trustee of the Trust. I am a beneficiary of the Trust. When I was questioning the Executrix about the inventory of my Fathers estate she became very upset. I was never offered or contacted by the Trustee about getting a copy of the... Read more »

Joseph Jaap
Joseph Jaap
answered on Nov 1, 2021

Talk to the attorney for your father's estate with your questions about the authenticity of the trust document. Use the Find a Lawyer tab to retain a local attorney who handles trusts and estates to review the situation and advise you.

1 Answer | Asked in Estate Planning and Child Custody for Ohio on
Q: Ex filed contempt of court charges due to missing 3 visits could not get to meeting point and wouldn’t come to my house
Nicholas P. Weiss
Nicholas P. Weiss
answered on Oct 24, 2021

Can you provide some more information? What question are you seeking an answer to?

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Mom died with no will younger brother won’t fill out bond paperwork. Are there other options for an executor?

Can older sibling and I ask for a neutral executor since younger brother won’t fill out and file bond paperwork?

Aaron Epling
Aaron Epling
answered on Oct 20, 2021

You don't even need a neutral executor. You should just apply to administer the estate. This will force your younger brother to act and, if he doesn't, then you can act as administrator.

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2 Answers | Asked in Estate Planning, Family Law and Landlord - Tenant for Ohio on
Q: So my stepgrandmother got the property when my grandfather died and my dad has been living there for over 30 years

Now she is trying to kick them out because they are only the step kids but my grandpa's wishes was for them to stay on the property and it be divided between the kids after she dies but she's trying to kick them out is there something he can do

Aaron Epling
Aaron Epling
answered on Oct 19, 2021

Very sorry to hear about this. I suspect your grandfather did not give legal effect to his intent, so your options are limited. It's worth talking to an attorney about, but you should keep your expectations low.

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Ohio on
Q: Does SSI have to be paid back after death?

My grandfather died in june leaving his assets in trust to his son and daughter equally. His son (my dad) died before receiving his half of assets. My dad was on Supplemental Security Income at time of death and for last 10 years. The family says his half of the assets will pass into his estate to... Read more »

Andrew Popp
Andrew Popp
answered on Oct 8, 2021

SSI works differently than the Medicaid program. While the federal government has mandated that state Medicaid programs are to seek reimbursement from the estate of a deceased under certain circumstances, it does not extend to SSI benefits. That being said, if an overpayment was made by SSI to... Read more »

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: What all do I need in order to be names as administrator if my father's estate if there wasn't a last will and testamen.

He didn't own his home and his vehicle when back to the finance company. He did have a life insurance policies I'm sure but how do I track them down.

Joseph Jaap
Joseph Jaap
answered on Oct 6, 2021

You'll have to go through his papers to try to find any life insurance policies. There is no other easy way to find out if he had insurance. If you find any life insurance policies, you can send a death certificate to the companies to notify them of his death. They will pay insurance... Read more »

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Sole owner of home passes away without a will. Daughter and son-in-law have lived there for 5 years. Whats next

The mother paid mortgage, son-in-law and daughter paid all utilities, maintained home while also giving her care. What rights does daughter have? Daughter does have a brother who lives elsewhere

Andrew Popp
Andrew Popp
answered on Sep 16, 2021

Unless the home was in a Trust, or there was a transfer on death beneficiary for the residence, it will have to go through probate. The heirs at law will be the ones to inherit the home. See Section 2105.06 of the Ohio Revised Code for breakdown. (link below). If someone else gets the home some... Read more »

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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: I went to probate and got a motion to release info signed by judge. Bank wouldn’t take it and said acc under

Legal investigation Can they do that. And what do I do now

Matthew Williams
Matthew Williams
answered on Sep 14, 2021

You could file a motion to show cause why they bank should not be held in contempt for violating the court order.

1 Answer | Asked in Estate Planning for Ohio on
Q: My husband said if he passes with no will, I only receive 1/3 of the estate etc? Why would this be?

My husband is the only name listed on the deed for our property. He has 2 children, never was married to their mother, the mother has had custody of them, they've lived out of state about half of their minor lives, they are both over 18 at this point and have had 0 contact with him for many... Read more »

Aaron Epling
Aaron Epling
answered on Sep 14, 2021

If that's not what he wants, then you need to get this done ASAP. Each issue you bring up can be quickly resolved.

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