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Ohio Estate Planning Questions & Answers
1 Answer | Asked in Family Law and Estate Planning for Ohio on
Q: If i would died. I put in my will where my miner children is to go do they have to go by my will?Just need to know
Joseph Jaap
Joseph Jaap
answered on May 23, 2017

If both parents are deceased, then the court will determine who becomes the guardian of children under 18. Your will can nominate who you would want the court to consider to be the guardian, but the court must determine who is an appropriate person based on all the facts, and the court can choose... View More

1 Answer | Asked in Estate Planning for Ohio on
Q: What's the best way to deal with social media accounts in my will?
Joseph Jaap
Joseph Jaap
answered on May 17, 2017

You can provide user names and passwords in separate instructions to your executor, either kept with your will or separately. Your will can specify that your executor follow those separate instructions. Those user names and passwords are likely to change from time to time, so that would be easier... View More

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: My Father's 1st cousin passed in OH. My father is the direct Next of Kin in MI. Can he enter the home with no will?

This happened over the weekend. The body was found during a home wellness investigation by local police. The deceased never voiced his last wishes. The deceased passed only six weeks after his mother passed who also did not mention last wishes. We don't know the status of any probate for her... View More

Joseph Jaap
Joseph Jaap
answered on May 15, 2017

Your father or some other family member needs to consult a local OH probate attorney in the county in which the deceased lived. Use the Find a Lawyer tab. The attorney who can answer all your questions and advise what to do. The legal fees are paid from the estate. Your dad can make funeral... View More

1 Answer | Asked in Family Law, Estate Planning and Probate for Ohio on
Q: My father passed away 5 years ago. He was survived by his 2nd wife (my step mom of course)& I do not talk to her at all

I have not seen my step mom since the funeral. I have a brother, step-brother, & step sister. It was always communicated to us kids that there was a will and that the house would be divided equally between the 4 kids. My step mom is now selling the home. Are me and my brother entitled to... View More

Joseph M Braun
Joseph M Braun
answered on May 9, 2017

There are a few things that need to be answered before it is determined if you have rights:

1.) You need to find out if there was a will and you will need to produce the original copy to the probate court,

2.) You should find out how the home is titled, as in who the home was deeded...
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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Probate court

Upon probate court how do that process work?, only because that's what's going to happen without my mother having a will. What is all the information that I would have to gather?, could it be possible if during probate court that my mother kids doesn't receive anything and be... View More

Joseph Jaap
Joseph Jaap
answered on Apr 25, 2017

What happens to the house depends on what the deed to her house says. It might have to be handled by the probate court to distribute it to her spouse, children, and next of kin. Call the probate court in the county in which your mother lived to get started, but they cannot offer legal advice.... View More

1 Answer | Asked in Estate Planning and Family Law for Ohio on
Q: Mother pass away with no will I want to know what do I do next?

My mother died with out a will. Family trying to take advantage and take everything without going through the proper procedure. I want to know what can I do and what do I have the rights over and she has a house that me and my sister currently live in but it is a mortgage involve and I want to know... View More

Joseph Jaap
Joseph Jaap
answered on Apr 25, 2017

Sorry to hear of your loss. Yes, of course you should talk to an attorney at once, especially if family members are taking advantage. The attorney can review the deed to the house to determine who might be entitled to it, as well as advising on transfer of other assets. Use the Find a Lawyer tab... View More

1 Answer | Asked in Estate Planning for Ohio on
Q: Does a settlor of a trust have to sign all paperwork with trustee behind it?

attorney had him sign papers to take trust back and renamed trustees but they knew he has was not competent to sign them and now judge does not want to deem settlor incompetent.

Joseph Jaap
Joseph Jaap
answered on Apr 24, 2017

If a judge is now involved, then the judge will be the one to answer your question based on all the facts and circumstances presented to the judge. If you have an interest in the outcome, then use the Find a Lawyer tab to consult a local probate attorney to review the situation and advise you.

1 Answer | Asked in Estate Planning and Family Law for Ohio on
Q: Is it either unethical or illegal for an attorney to name their law partner (in this case a brother) as executor of my

Estate without first asking me who I wished to be named executor? He made it seem like this was the norm, he & his brother do this on a daily basis. This attorney is now running for municipal judge.

Joseph Jaap
Joseph Jaap
answered on Apr 24, 2017

An attorney does not name your executor - you do, when you sign your will. If you want some other person to act as executor of your estate, then don't sign the will the attorney prepared. Direct your attorney to change your will to name the person you want to be your executor.

1 Answer | Asked in Family Law, Elder Law and Estate Planning for Ohio on
Q: what all do I have to do to get guardianship of my dad

he is in ICU for a month now in Drake which doctors are at less 3 month then he will still need 24 hour care

Joseph Jaap
Joseph Jaap
answered on Apr 17, 2017

You must file a guardianship petition with the probate court in the county in which he lives. Check the court web site for the documents and process. Or you can use the Find a Lawyer tab to consult a local attorney to assist you.

1 Answer | Asked in Estate Planning and Real Estate Law for Ohio on
Q: What can i do when your deceased family estate lawyer is scamming the children of the will

Me my siblings only the Will no other documents and the executor gave my dad's sister the key to the property and she isn't on the Will and stolen the assets what should I do?

Joseph Jaap
Joseph Jaap
answered on Apr 10, 2017

You and your siblings should use the Find a Lawyer tab and consult a local probate attorney about the situation and advise you of your options.

1 Answer | Asked in Family Law and Estate Planning for Ohio on
Q: Do we need documentation for our daughter to have guardianship over our special needs son when we pass.

We only have 2 children. Daughter is 21 and son is 11. She wants to be when we pass, she would want nothing else. We have asked her several times to be sure

Joseph Jaap
Joseph Jaap
answered on Apr 3, 2017

That is a discussion that you should have with an estate planning attorney, who can discuss proper provisions to be placed in your wills, possibly establishing a special needs trust for your son, as well as guardianship issues. Use the Find a Lawyer tab to consult with some local estate planning... View More

1 Answer | Asked in Estate Planning for Ohio on
Q: when my wife and I were married we drew up a trust to state who would take care of our kids in the event of our deaths.

we are now divorced and I do not want the trust anymore. She said she will not sign the revocation of the trust. What can I do. I am in Ohio .

Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
answered on Mar 30, 2017

Ordinarily you would sign an Appointment of Guardian to take care of your children if you are both gone or appoint a guardian in a Will. If you signed a trust, you set aside money to take care of them.

From your question it is not clear whether you want to change the guardian of the...
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1 Answer | Asked in Estate Planning for Ohio on
Q: My uncle recently passed and willed his estate to my father and aunt (both deceased). Who does the estate go to?

My aunt has no children . My father has 9 living children and one passed away.

Joseph Jaap
Joseph Jaap
answered on Mar 24, 2017

The person named as executor in your uncle's will should file the will with the probate court to open his estate and manage the transfer and distribution of his assets. If the executor is deceased, and no other person is named in the will to be executor, then a family member can petition the... View More

1 Answer | Asked in Estate Planning and Tax Law for Ohio on
Q: Can a trustee give a distribution of equal amounts to all three beneficiaries of the trust prior to the settlement of

the trust?

Joseph Jaap
Joseph Jaap
answered on Mar 22, 2017

The trustee must follow the terms of the trust in making distributions to beneficiaries. Review the trust and determine what it authorizes. If the trustee acted improperly, then beneficiaries can take action. Use the Find a lawyer tab and consult a local attorney who handles trusts and estates... View More

1 Answer | Asked in Estate Planning for Ohio on
Q: An elderly uncle of mine just died and it turns out he appointment me as the executor of his will. What do I do now?
Joseph Jaap
Joseph Jaap
answered on Mar 17, 2017

Use the Find a Lawyer tab and speak with some probate attorneys in the county where he resided at his death. Find one with whom you are comfortable to help you through the process. The forms are usually available on-line at the probate court, but depending on the size of your uncle's estate,... View More

3 Answers | Asked in Estate Planning for Ohio on
Q: My dad owns a lot of land - he thinks it should be put into some kind of corporation for estate planning purposes.

Does this make sense?

Ben F Meek III
Ben F Meek III
answered on Feb 23, 2017

Impossible to say without knowing a lot more about him, his property, his family, and his succession goals. Trust are more commonly used because of their flexibility in planning to minimize taxes. Corporations may not be useful at all for that kind of planning. He should contact an experienced... View More

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: My husband passed away what do I do with the car and house trailer my son lived with his dad not I I moved out and left

Ten years prior to his death I don't know I

Am I responsible or my son I paid for his funeral but I want my son to have it all what do I do

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 31, 2017

Much of this will depend on how the assets where owned, and whether or not beneficiaries were named on things. You are likely able to make a 'claim' against the estate to be reimbursed for the expense of the funeral if you WANT to, but regardless, you should consult with a local probate... View More

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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: My single brother passed away in Ohio w/o a will. He owned a home. Do I have to go to probate to become the home owner

He has no children or spouse. The home is paid in full. His funeral has been paid in full.

Joseph Jaap
Joseph Jaap
answered on Jan 31, 2017

Check his deed to see if any other owners are identified on the deed, such as joint tenants with right of survivorship, or if there are transfer on death designees. Also check the real estate records in his county to determined if he might have recorded a transfer on death affidavit. Use the Find... View More

1 Answer | Asked in Estate Planning for Ohio on
Q: Can my will give me total control over all of my property?
Joseph Jaap
Joseph Jaap
answered on Dec 14, 2016

Yes, that is what a will can do. But a will does not control real estate that is subject to a right of survivorship or a transfer on death affidavit, or life insurance and retirement accounts that have beneficiary designations on file, or bank accounts that are jointly owned or have transfer on... View More

1 Answer | Asked in Elder Law and Estate Planning for Ohio on
Q: What can we do to stop my brother from stripping the trust and providing inadequate care for my father?

My parents set-up a trust and made wills before my mom died naming my brother and sister as co-executors. My brother has always been a liar and a thief which my mother knew and the reason she wanted my sister involved. Once my mom died, my brother managed to systematically cut my sister out and now... View More

Joseph Jaap
Joseph Jaap
answered on Dec 7, 2016

You need an attorney to help you to file a claim in probate court to determine if the brother is wrongfully using your father's assets. If you really cannot afford to get an attorney, then contact your local senior services agency.

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