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Ohio Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Ohio on
Q: What is the best way for my sister to will me her house without it being in my name?
Matthew Williams
Matthew Williams
answered on Dec 2, 2016

That's going to be difficult to accomplish unless there is someone else you trust to give it to.

1 Answer | Asked in Estate Planning for Ohio on
Q: Can I avoid probate without a trust?
Joseph Jaap
Joseph Jaap
answered on Nov 25, 2016

You can make transfer on death designations for real property and financial accounts. But you really should discuss your situation and goals with a local estate planning attorney who can evaluate your situation and provide advice, along with preparing a will, living will, powers of attorney,... View More

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Inlaws died with out a will 6 years ago leaving a home and bank account with 46,000 in it.

Husbands siblings want to waive their rights to the house and money how do we do this. We live in Ohio and don't have thousands of dollars for lawyers, court fees, and fudiary bonds.

Matthew Williams
Matthew Williams
answered on Oct 6, 2016

You should contact a probate attorney in the jurisdiction in which the estate is located to set up all the paperwork.

1 Answer | Asked in Elder Law and Estate Planning for Ohio on
Q: Hi, I am Dad's direct heir. I'll be caring for Dad. Can a cousin have his power-of-attorney when I want it?
Matthew Williams
Matthew Williams
answered on Jun 3, 2016

Your father can grant power of attorney to whomever he pleases. It doesn't matter what you want, only what your father wants.

1 Answer | Asked in Estate Planning and Real Estate Law for Ohio on
Q: My 88 yr old parents want to sell their house and buy a condo. They want to put the condo in my name. Is it legal?
Matthew Williams
Matthew Williams
answered on Apr 20, 2016

Provided your parents are legally competent, yes. With folks of such advanced age, it is a good idea to have an attorney and/or other witnesses involved in case anyone ever suggests they were not competent to make such a decision and that bullied or cheated them. You should also talk with an estate... View More

1 Answer | Asked in Elder Law and Estate Planning for Ohio on
Q: Widow MD resident, hospice, no probate assets. If I file Will before death, does that satisfy filing requirement?

Assisted Living x 10 years, no real estate, etc. Clothing, furnishings worthless, all assets in Trust name.

I am out of state, sole remaining trustee, and situs of trust is my state. If I file Will now, prior to death, does it have to be filed again after death?

Adam Studnicki
Adam Studnicki
answered on Jan 15, 2016

Not clear what you are trying to accomplish with a will if you have a trust. Talk to an estate planning lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work...
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1 Answer | Asked in Estate Planning for Ohio on
Q: What constitutes contesting last Will?

The Will states everything including house to be sold and split 50/50. If either person deny will in any way they forfeit their half. (to stop any arguing between us) Family member refuses to leave house even though I have a buyer and he means to move out. Is he forfeiting his half by making me... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 12, 2015

Has the will been admitted to probate?

1 Answer | Asked in Estate Planning for Ohio on
Q: My dad just died. He was remarried. How do I protect my and my brother's share of the estate which is sizable.

His wife has a lot of children but not by my dad. She does not like my brother and I. I am not sure if dad had a will or not. I was told by my step brother she plans to close his gun shop and auction everything from the house the shop and all my dad's cars off and move to be closer to her... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 12, 2015

Contact a probate attorney immediately. You and your brother may well have inheritance rights, but if your dad's widow sells the personal property it may prove to be impossible to get paid for it unless you take action immediately.

1 Answer | Asked in Estate Planning for Ohio on
Q: Would my dad signing my deceased brothers name on his power of attorney declair him sound of mind?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 20, 2015

If your father signed a POA by writing your brother's name (in place of the dad's signature), it might be evidence that the father is not of sound mind.

1 Answer | Asked in Estate Planning and Family Law for Ohio on
Q: Am I responsible for deceased father's medical bills if I am executrix and there was no probate?

My parent had put me on the house deed few years prior to their death. They passed in June things moved quick I got my official deed and sold the home last month. They also had a car that did have to go through probate and I got the new title in my name and the car was gifted to a family member. I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 17, 2015

What you were allowed to do is variously called "small estate probate" or "administration by affidavit". Procedures for this vary from state to state. Did anything you signed say that you agreed to pay creditor claims? Whether you are responsible for this may depend upon that.

1 Answer | Asked in Estate Planning for Ohio on
Q: Is a transfer on death deed or affidavit allowed in the state of New Jersey?
Matthew Williams
Matthew Williams
answered on Jun 18, 2015

You should repost this listing NJ as your location. You need an attorney familiar with NJ law.

1 Answer | Asked in Estate Planning for Ohio on
Q: Can you borrow money against a life estate if you are the original owners?
Matthew Williams
Matthew Williams
answered on Apr 2, 2015

Ask the bank. It is certainly legal, but I don't know if they will approve the loan.

1 Answer | Asked in Estate Planning for Ohio on
Q: I am sole owner of condominium in Orlando, FL..I reside in OH. I have one heir. How do I do a Transfer on Death.

I need to do a TOD and have it recorded in Florida. Can I do that with my OH estate attorney? Do I need to go through a Florida attorney. How do I get the form? All the basics. Thanks, Jack

Matthew Williams
Matthew Williams
answered on Feb 9, 2015

Jack, I'm not a real estate guy, but if you have one, you should ask him. I imagine he can set it up.

1 Answer | Asked in Estate Planning for Ohio on
Q: What is a notice of application to relieve estate from administration?
Michael Thomas Daugherty Sr
Michael Thomas Daugherty Sr
answered on Jul 9, 2013

When an estate is less complex, and not likely to be contested by anyone, the person who wants to process the estate can apply to process it all at once. The natural heirs of the decedent (person who died) are entitled to be notified that its about to happen. If they cannot or will not waive... View More

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