Lawyers, Answer Questions  & Get Points Log In
Ohio Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning, Family Law and Probate for Ohio on
Q: Guardianship of a minor and estate if one parent died, and the other lived I can't see the whole case? Court has no info

My dad died when I was a month old. His wife, my mom lived. In the county court there is no information at all except guardianship of a minor and estate but that is all it says. He was the incorporator and he started a business that is extremely successful today and ran by my mom's family. My... View More

Aaron Epling
Aaron Epling
answered on Nov 21, 2023

You need to talk to a local attorney for help. I recommend Trent Stover in Sidney, OH.

View More Answers

1 Answer | Asked in Estate Planning for Ohio on
Q: State of Ohio. Can I write my own will? Does it have to be filed at courthouse?
Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 25, 2023

You can write your own will. So long as two witnesses sign it it will likely be valid. You can, but do not have to, file the will at the courthouse. We often recommend that clients do file their will with the probate court to avoid later will contest actions.

2 Answers | Asked in Estate Planning, Family Law and Probate for Ohio on
Q: My grandmother died and still had my dad who passed away listed in her will. Will I inherit his share of inheritance?

Will his share be divided between his other siblings? Since they are also listed on the will. I’ve seen mixed answers online.

Aaron Epling
Aaron Epling
answered on Oct 18, 2023

The language of the will is critical here. Does it address a predeceased child? If not, then R.C. 2107.52 will apply.

View More Answers

1 Answer | Asked in Child Custody, Estate Planning and Child Support for Ohio on
Q: Can I dismiss an exparte order for custody that I jumped the gun on filing without it looking bad on me
Todd B. Kotler
Todd B. Kotler
answered on Oct 6, 2023

A dismissal and a refile on an ex parte motion will not look good, but proceeding on a factually insufficient or incorrect motion will look worse.

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: What's the next steps after Judgment Entry Approving Inventory
Aaron Epling
Aaron Epling
answered on Jun 28, 2023

Generally, you need to pay the administrative costs, creditors, taxes, and beneficiaries, and then file a final account. Be careful...you could be personally liable if you don't do it right.

2 Answers | Asked in Estate Planning for Ohio on
Q: My mom died before my grandmother do we get what our mom would've inherited from our grandmother in Ohio?

There was no will and my mom has 2 brothers and one sister still alive in Ohio

Andrew Popp
Andrew Popp
answered on Jun 20, 2023

Hello, more information is needed in order to answer this question. It sounds like you might, but a full analysis needs to be completed pursuant to Section 2105.06 of the Ohio Revised Code to make that determination. I recommend sitting down with a qualified attorney who can assist you and advise... View More

View More Answers

1 Answer | Asked in Estate Planning for Ohio on
Q: dad lives with his gf of 20 years. They are both on the house title. What happens when one of them passes away?

Dad bought house with gf they are both on the title. Gf paid mortgage and dad paid electric bills, maintenance, for updates like flooring. He has cancer, if he passes away who does the house go to. My dad wants us his 2 children to have his assets. What does he need to do to ensure that?

Moshe Toron
Moshe Toron
answered on May 18, 2023

If the deed is held with rights of survivorship with his girlfriend, then his girlfriend will inherit the house if he dies first.

He needs to get an attorney to change the deed, while he is still alive.

1 Answer | Asked in Estate Planning for Ohio on
Q: What kind of lawyer handles, when next of kin do not agree on cremation for a loved one?

My loved one supposedly wanted to be cremated and I think they didn't. My state requires all surviving living children to sign a document agreeing. I do not agree with the cremation.

Moshe Toron
Moshe Toron
answered on May 15, 2023

Probate attorney.

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: My grandmother passed away end of Oct. I was labeled as a beneficiary. House sold beginning of march. How long till paid

Thank you

Aaron Epling
Aaron Epling
answered on Mar 23, 2023

If there aren't any other assets or creditors, then maybe pretty soon. But, it's not unusual for payout to take a while if tax returns need filed, other assets need dealt with, or creditors need paid.

1 Answer | Asked in Estate Planning for Ohio on
Q: My wife and I own our home. Survivorship deed. What should we execute to state our wishes for beneficiaries if the other

Dies, understanding that we may each pick someone different. (Would we each do our own TOD? (Wanting to avoid probate).

Aaron Epling
Aaron Epling
answered on Mar 20, 2023

A single TOD affidavit will allow the property to avoid probate. But, it will also allow the survivor to change the plan. If you want to lock in a plan, then you need to talk to an attorney about your options.

2 Answers | Asked in Elder Law and Estate Planning for Ohio on
Q: My mother is going into long term care, has Medicaid, going to sell her home. Does all that money go to Medicaid?

She had Medicare and Medicaid also has disability income and widowers support. Should I seek out a lawyer or go ahead and sell.

Aaron Epling
Aaron Epling
answered on Mar 13, 2023

You need an Elder Law attorney ASAP.

View More Answers

1 Answer | Asked in Estate Planning for Ohio on
Q: my wife and i are 59 and 65 years old and have a 13 year old child that we adopted we have property and life insurance

we want to protect our daughter when we die.. what do we have to do to make sure she gets our house and life insurance policies. i dont want her to end up in probate court with our house, we do have a niece that can take care of her if we die before she turns 18. i want the best way to get things... View More

Beverly A Stull
Beverly A Stull
answered on Feb 20, 2023

The best way to take care of your daughter and to avoid probate is to create a trust. You can specify how money will be used while she is a minor and whether she inherits everything at age 18, or it is phased out to her.

1 Answer | Asked in Estate Planning, Family Law, Foreclosure and Personal Injury for Ohio on
Q: Is the surviving male child of the decedent's deceased brother's deceased daughter referred to as the Great Grand Nephew
Aaron Epling
Aaron Epling
answered on Jan 17, 2023

I'll refer you to the table of consanguinity.

https://heirsearch.com/wp-content/uploads/2019/06/consanguinity_chart_web.pdf

1 Answer | Asked in Estate Planning and Family Law for Ohio on
Q: How do I find the paperwork from the sale of the house that my father owned
Moshe Toron
Moshe Toron
answered on Dec 26, 2022

The title company that handled the sale.

2 Answers | Asked in Estate Planning for Ohio on
Q: Can I receive gold jewelry as an inheritance?

A person claiming to be an attorney claims I inherited nearly a million in gold jewelry but it has to be melted down into gold bars and sold. Is this true?

Joseph Jaap
Joseph Jaap
answered on Nov 28, 2022

It's a scam. Block the sender and do not communicate. Use the Find a Lawyer tab to retain a local lawyer to confirm it is a scam.

View More Answers

1 Answer | Asked in Estate Planning and Real Estate Law for Ohio on
Q: If I record a new OH property deed, will it sever the survivorship tenant rights created in the prior deed?

The new deed contains express language that I do intend to preserve the survivorship tenant rights, rather than severing those rights.

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 9, 2022

The easier thing to do would just be to include new survivorship language in the deed. Don't overcomplicate things.

1 Answer | Asked in Estate Planning and Health Care Law for Ohio on
Q: My mother is in process of losing everything to Medicaid, can an irrevocable trust help?

They want them to pay by the day or lose the family farm. My mother has tried contacting her lawyer several times about an irrevocable trust. She has heard nothing. Is there anyway to stop the look back and/or deli the process?

Moshe Toron
Moshe Toron
answered on Oct 16, 2022

It depends on a number of factors. Is she married? Does she have a child living there? Does she have any disabled children?

She needs to speak to an attorney that specializes in elder law.

2 Answers | Asked in Estate Planning for Ohio on
Q: I do not have an attorney. How should I pick one to do estate planning? What should I consider?
Beverly A Stull
Beverly A Stull
answered on Oct 7, 2022

You can search for an estate planning attorney on Justia or on Avvo. Both list attorneys by location and type of law they practice. When you see one that you would like to know more about, you can look at their website, the reviews that their clients have left, and just general information about... View More

View More Answers

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: I am the cosigner my son died the dealership took the car back and reimbursed me. Am I still responsible for the car?

I do not want to go to probate court, the dealership has possession of the car and cut me a check i used to pay funeral costs. it is no longer on my credit am I still responsible for the car?

Andrew Popp
Andrew Popp
answered on Oct 4, 2022

Probably not. It sounds like the vehicle was repossessed by the dealership. Until a vehicle is paid in full, the title does not pass to the purchaser. When a vehicle is repossessed they go back and resell the vehicle. What happens with the either refund (if the sale exceeds the balance on the... View More

1 Answer | Asked in Estate Planning, Elder Law and Probate for Ohio on
Q: Does a notary signature count as a witness signature on a handwritten will in Ohio?
Andrew Popp
Andrew Popp
answered on Oct 4, 2022

In short, it depends on how the notary is signing. If they are just notarizing a signature, no it does not work. If they are signing as a witness, then it may. I would have to refer you to Section 2107.03 of the Ohio Revised Code (link below). It's going to depend on the specifics on... 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.