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Ohio Probate Questions & Answers
2 Answers | Asked in Probate for Ohio on
Q: Ohio my wife and I are listed on warranty deed to home valued at $195,000. She died. Must I probate home to remove her.

3 surviving children. No will. need to remove her name. House owned Free and Clear. She has no creditors and no other assets.

Paul Kellogg
Paul Kellogg answered on Feb 25, 2020

If you house it titled as joint tenants with rights of survivorship you don't need to probate the house. Check your deed to see if it has the words, "for their joint live with the remainder to the survivor of them." If the deed has that phrase, you can remove her name with an affidavit that has a... Read more »

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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Please help, I am trying to keep my dads house out of probate after he dies.

I am the sole heiress, currently POA, his caregiver and will be executor. There is a mortgage and an equity loan not in my name but my parents. My mother is dead. Dad is alive by very sick. Both of their names are joint owners on the house title and the mortgage and equity loan. He has a registered... Read more »

Paul Kellogg
Paul Kellogg answered on Feb 18, 2020

You need to go see an attorney. You need to verify the house was joint with survivorship between your parents so it can be transferred out of your mom's name and into your father's name. If the house is not in survivorship between your parents you have a lot issues to work through. If the house... Read more »

2 Answers | Asked in Probate for Ohio on
Q: We own property in OH, with other relative who refuses to file will. He is lawyer and is threatening to litigate us.

If we file a partition lawsuit- it has been 2 years, and he refuses to start probate, and is threatening to litigate us to death. He has also said that if we start a partition- and the property goes to auction, he will have a buddy buy it out cheap and cheat us. We would like to file to become... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 16, 2020

This warrants a complaint to the Ohio State Bar. Here is information on how to file a grievance:

https://www.supremecourt.ohio.gov/DisciplinarySys/odc/complaint.asp

Don't threaten to file a grievance. Just do it.

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: My mother's name is the only one on the deed for a property that we need to sell. There was no will. How do we proceed?

My mother passed in January. We desperately need to sell our other property, but my mother's name is the only one on the deed. My father's name is on the land contract and they were married when my mother passed. I do not know if that works in our favor.

Nina Whitehurst
Nina Whitehurst answered on Feb 12, 2020

Probate is the process that is used to change the title to property held in a decedent's name. You need to contact a probate attorney near where your mother passed to help you take care of this.

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1 Answer | Asked in Elder Law, Estate Planning and Probate for Ohio on
Q: Looking for legal advise concerning my family rights.

Looking for legal advice concerning my family rights. Situation as follows.

Younger sibling has medical and financial power of attorney for my mother.Sibling refuses to divulge financial information concerning investment portfolio,IRA and other current assets as well as a copy of the last... Read more »

Anthony C. Satariano
Anthony C. Satariano answered on Feb 11, 2020

Your sibling is under absolutely no legal obligation to share any financial information with you regarding your mother's assets if she is still living.

As far as the will, the same is true. However, if your mother has passed or does pass, then as a lineal descendant you would have rights...
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1 Answer | Asked in Estate Planning, Family Law and Probate for Ohio on
Q: My aunt passed in 2017 in nj I live in OH I was the executor and no assets why did I get a treasury bill for 300k?

My aunt passed in 2017 in NJ I live in Ohio and was the executor to the estate. She did not have any assets other than a trailer that was sold and used to pay bills. 3 years later I get a bill from the NJ treasurers for an inheritance tax of 300k plus penalty and late fees. I didn’t receive an... Read more »

Aaron Epling
Aaron Epling answered on Feb 10, 2020

You probably need to talk to an attorney. This could be a scam or a mistake. If its a mistake, then you need to make sure you take care of it before the IRS begins to collect on your assets.

1 Answer | Asked in Probate for Ohio on
Q: my grandma's past she has 4kids no will I lived with her and still living there for 6years am I entitled to her estate
Joseph Jaap
Joseph Jaap answered on Feb 4, 2020

With no will, and if she was not married at her death, then her estate will be divided equally among her 4 children. If she owned her house, her 4 children will be 4 co-owners. You do not have any greater right to the house or to live in it, than any of her other children. Each of you will own a... Read more »

1 Answer | Asked in Education Law and Probate for Ohio on
Q: If I'm on probation, can I drop out when I turn 18?
Joseph Jaap
Joseph Jaap answered on Jan 28, 2020

Talk to your probation officer, parents, teacher, school counselor, and other trusted adults about what might happen if you do that.

1 Answer | Asked in Probate for Ohio on
Q: my sister and I can write and sign checks on my dad's checking acct. Once he dies can we still do this before probate?
Joseph Jaap
Joseph Jaap answered on Jan 10, 2020

If you both are named on the account, you should be able to. But if you are acting under a Power of Attorney, it expires at death. Check with the bank.

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Does a Executor have to file a death certificate and probate a will after death in Ohio? What if this never happened?

I think my husband's brother stole from his siblings. He never filed the death cert or probated the will. We paid for a chunk of the funeral and for his sister and her 2 kids to fly in which was supposed to be paid back to us out of the estate. They also found bars of silver in the house that... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 10, 2020

A will merely nominates someone to be the executor. That person must file the will with the probate court and have the court appoint that person as the executor. Until that happens, there is no executor. If the person named in the will doesn't do it, then any other family member can file with... Read more »

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Is it legal to sell someones assets before they die ?? Please see the "More Information" section for precise details

in april 2015 a month before my uncle died 3 home health care workers liquidated assets of my Uncles house worth 700,000 dollars .. sold it for 5000000 .. They were actively disposing of his assets before he died ... My uncle had alzheimer's ..his cause of death on the death certificate says... Read more »

Taylor P Waters
Taylor P Waters answered on Dec 16, 2019

This is the kind of question that cannot be answered quickly and easily over this form of medium. Your uncle's heirs should call an attorney to discuss.

1 Answer | Asked in Real Estate Law and Probate for Ohio on
Q: Who does the house go to now?

My father passed away last year and in his will he left his house to his brother. Now his brother has passed away and the house is still in my father's name. I have 2 sisters and we are trying to figure out if the house is now our responsibility since the house hasn't been put in our decreased... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 10, 2019

There is no way to answer your question without reviewing your father's will and knowing how much time passed between your father's death and your uncle's death. The will might or might not contain a survivorship requirement and, if your uncle survived long enough, then the house vested in him... Read more »

1 Answer | Asked in Probate for Ohio on
Q: Mom has house Mkt value is 112,000 taxable value 40,000. owes 80,000. Passes away. No heir wants house is probate nec

Only asset is House

Joseph Jaap
Joseph Jaap answered on Dec 9, 2019

The auditor lists the "taxable" value of property at 35% of the market value, because real estate taxes are based on that taxable value, not the market value. If the market value is $112K and there is an $80K mortgage, then there is $32K of equity for the heirs to share. Use the Find a Lawyer tab... Read more »

1 Answer | Asked in Probate for Ohio on
Q: Can a claim be filed against an estate if life insurance money is directly used to pay for a funeral?

A beneficiary agreed to pay for a funeral using life insurance policy. Can they still file a claim against the estate in the amount of the funeral?

Joseph Jaap
Joseph Jaap answered on Nov 25, 2019

Yes they can. Funeral expenses are a priority claim against the estate. It does not matter what funds were used to pay the bill.

1 Answer | Asked in Probate for Ohio on
Q: Good morning, my father passed away and he had no will . We appointed his wife , my stepmother to be administrator my

Question is can she hire her children from a previous marriage to work on my father’s estate property at a higher price than other estimates to benefit her and her children?

Joseph Jaap
Joseph Jaap answered on Nov 25, 2019

Everything an administrator does can be challenged by the heirs of the estate in the probate court. Use the Find a Lawyer tab and retain a local probate attorney to review the facts and advise you of your options and the legal costs of doing so.

3 Answers | Asked in Criminal Law, Federal Crimes and Probate for Ohio on
Q: Can cops pick me up for a warrant I have as I walk out of mental heath facility after being released?
Dimitrios Makridis
Dimitrios Makridis answered on Nov 20, 2019

An active warrant can be resolved by (1) appearing in front of a judge and trying to get it set aside, (2) turning yourself in, or (3) getting picked up on it, so the answer to your question is yes.

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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Deceased parent's tax refund will trigger probate. Do I wait to receive the check before starting probate process?

My deceased mother will be receiving a tax refund next year which I am told will come in her own name or the name of her estate. It is the only thing that will be in her estate since she had a trust that contained everything else. Her will leaves anything not already in her trust to her trust. I... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Nov 19, 2019

You should wait. Depending on the size of the check, you may be able to do a Summary Release from Administration which greatly simplifies the process.

1 Answer | Asked in Probate for Ohio on
Q: My mother passed away almost a year ago. She had no will and we live in the state of Ohio. I'm her only child. Does her

My stepfather is kicking me to curb and keeping everything. What can I do

Joseph Jaap
Joseph Jaap answered on Nov 14, 2019

Since there was no will, her spouse is entitled to $20,000 plus one-half of your mother's estate, and you are entitled to the other half. See this link:

http://codes.ohio.gov/orc/2105.06 But you would have to file with the probate court to administer her estate to try to get that. If...
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1 Answer | Asked in Juvenile Law and Probate for Ohio on
Q: If you are on juvenile probation can your probation officer stop you from quitting school if you are 18
Matthew Williams
Matthew Williams answered on Nov 11, 2019

Not exactly. They can’t actually stop you from dropping out of school. But they can violate your probation if you do.

1 Answer | Asked in Probate, Estate Planning and Real Estate Law for Ohio on
Q: My brother is trying to My dad's property in his girlfriend's name can we can test it

My father wrote in a letter that the property stays in the family's name my brother is trying to put it in his girlfriend's

Nina Whitehurst
Nina Whitehurst answered on Nov 9, 2019

Nobody can retitle the property without your father’s signature. If your brother has a power of attorney from your father then your brother had a fiduciary duty to honor your father’s wishes.

If your father is deceased and he had no will then it passes according to the laws of...
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