Ohio Probate Questions & Answers

Q: If a will is worded without order from the court. Does it still need to go through probate

1 Answer | Asked in Probate for Ohio on
Answered on Jan 26, 2019
Beverly A Stull's answer
I am not sure what you mean by “worded without order from the court. A will is only used when an estate goes to probate court. Property that has a beneficiary, a joint owner, or is in a trust pass outside of probate.

Q: How long is an executor allowed to file a probate in Hamilton County, Ohio. It has been almost a year, and nothing.

1 Answer | Asked in Probate for Ohio on
Answered on Jan 24, 2019
Joseph Jaap's answer
In Ohio, a person named in a will to be an executor does not become the executor until the will is submitted to the probate court, and the court agrees to appoint that person as executor. If that person does not file the will, a family member can file a petition with the probate court to open the estate and become the executor if the person meets the legal qualifications. The court will decide if the person named in the will, or the person who files the petition, or someone else, should be...

Q: Mother is dying. No will. The only property are household items. Probate court needed?

1 Answer | Asked in Probate for Ohio on
Answered on Dec 27, 2018
Beverly A Stull's answer
If she has no assets titled in her name alone, probate should not be necessary.

Q: My sister and I are settling my mother's estate. She is the executor. Is she obligated to share information with me

1 Answer | Asked in Estate Planning and Probate for Ohio on
Answered on Dec 21, 2018
Joseph Jaap's answer
An executor or administrator of an estate is obligated to file the required information with the probate court as required by law, but not necessarily to keep anyone else informed. All of those filings are public records, and most are accessible on line on the court’s web site.

Family members, heirs, and beneficiaries have the right to file a request for a hearing with the court if any think the executor or administrator is not doing what is required by law or is acting improperly....

Q: Can an administrator of an estate kick me out without written notice? Is this an eviction?

1 Answer | Asked in Estate Planning and Probate for Ohio on
Answered on Dec 18, 2018
Joseph Jaap's answer
Yes, she can get you out, but she has to follow a proper eviction process to do it. But if she files an eviction, that becomes a permanent public record, and it could make it difficult for you to rent from a landlord who checks. So better to work it out with her and avoid her filing that.

Q: Father passed with no will! Step mother has shut us out of our fathers home. She left him 2 years ago, do we rights?

2 Answers | Asked in Probate for Ohio on
Answered on Dec 14, 2018
Joseph Jaap's answer
When someone dies without a will, these things often happen, and can be very difficult to stop. Probate does not happen automatically. Somebody has to file it with the probate court. Any family member can file with the probate court to be appointed as administrator of the estate. The administrator can then change the locks on the house and exclude others from entering. The administrator then prepares an inventory of all the assets and debts, including the mortgage, and files it with the...

Q: If one member of the family had power of attorney before our parent died, does that mean he automatically becomes the

1 Answer | Asked in Probate for Ohio on
Answered on Dec 4, 2018
Beverly A Stull's answer
No, the only way to become Executor is to be named in the decedent’s will and apply to the probate court. If there was no will, any person living in Ohio can apply to be Administrator.

Q: I’m 17 and I’ve been on juvenile probation and I violated if I hide till I’m older and get away can they do anything

1 Answer | Asked in Criminal Law, Juvenile Law and Probate for Ohio on
Answered on Nov 2, 2018
Matthew Williams' answer
Yes, they can. The juvenile court will not lose jurisdiction over your case when you turn 18.

Q: Do I have to go through probate to gain access to my wife's separate bank account?

1 Answer | Asked in Probate for Ohio on
Answered on Oct 25, 2018
Joseph Jaap's answer
You might be able to use a simplified probate process if her estate was small. Check the probate court web site for summary release or the relief from administration process. Court personnel might assist you with the forms. Or use the Find a Lawyer tab to retain a local probate attorney to assist you.

Q: My ex sister-in-law is trying to say I am not mentally capable to handle my financial. Responsibility's , and need some

1 Answer | Asked in Estate Planning and Probate for Ohio on
Answered on Oct 4, 2018
Joseph Jaap's answer
Use the Find a Lawyer tab to retain a local estate planning attorney to review all the facts of your situation and advise you about any inheritance issues.

Q: charged with second dv m1, on probation for other charges. what can happen?

1 Answer | Asked in Criminal Law and Probate for Ohio on
Answered on Oct 3, 2018
Matthew Williams' answer
You could very well go to jail for a while. How long depends on what you’re on probation for. You need to get a lawyer.

Q: How can I go about getting a title switched to my name when the original title holder has passed

1 Answer | Asked in Probate for Ohio on
Answered on Oct 1, 2018
Joseph Jaap's answer
If you are identified on the deed as a joint owner with rights of survivorship or transfer on death designee, or if there is a transfer on death affidavit recorded, then you can file an affidavit. Otherwise, use the Find a Lawyer tab to retain a local probate attorney to review all the facts and advise you.

Q: I have one brother who is homeless and no contact or able to locate. Do we include him estate. Has mental health issues

1 Answer | Asked in Estate Planning and Probate for Ohio on
Answered on Sep 27, 2018
Joseph Jaap's answer
Yes, he must be named and notified, if possible. An attorney can advise what to do if he cannot be located. Use the Find a Lawyer tab to retain a local probate attorney to assist you.

Q: can another party contest copies of bills during an inventory hearing of a probate even though they are not executor

1 Answer | Asked in Probate for Ohio on
Answered on Sep 14, 2018
Joseph Jaap's answer
Yes. That is the purpose of having a hearing. But the documents have to be presented to the court using proper procedure. The assistance of an attorney is recommended. Use the Find a Lawyer tab to retain a local probate attorney.

Q: family home was quit deed to the next in line but they never proceeded in probate court due to taxes what can we do now?

1 Answer | Asked in Estate Planning and Probate for Ohio on
Answered on Sep 14, 2018
Joseph Jaap's answer
There is no way to answer this question without reviewing the deed and all the facts. Use the Find a Lawyer tab to retain a local probate attorney who can review all the real estate records, facts and circumstances, and then advise of options to proceed.

Q: My mother died in 2010 but her will was never probated. Can I still register it? I need to get a car title transferred

1 Answer | Asked in Probate for Ohio on
Answered on Sep 14, 2018
Joseph Jaap's answer
Yes, you can file to open her estate. If her estate was small, you might be able to file using a simplified probate process. Check the local probate court web site. The court personnel might be helpful, but cannot give legal advice. Use the Find a Lawyer tab to retain a local probate attorney.

Q: OHIO- Brought to court last week with an extension noted for next month. Executor wont probate. How can we make file?

1 Answer | Asked in Probate for Ohio on
Answered on Sep 13, 2018
Joseph Jaap's answer
The probate court supervises estates. The court gave more time, which is not unusual. Talk to the attorneys. Or if you or another family member are not represented by an attorney, use the Find a Lawyer tab to retain a local probate attorney to review the facts and advise you of your options.

Q: My cousins mom passed. Her house has a mortgage. Her life ins/401K named a beneficiary.

1 Answer | Asked in Probate for Ohio on
Answered on Sep 10, 2018
Beverly A Stull's answer
Your cousin will need to find out how his mother's house was titled. If just in her name, with no Transfer on Death, it will need to go to probate. Similarly, he needs to find out how the accounts were titled. If just in her name, they will also need to go to probate. He should discuss the situation with a probate attorney in his area to get more specific advice.

Q: Dad died, his wife refuses copy of Will & trying to sell joint property. Must Will be filed to release his name?

1 Answer | Asked in Probate for Ohio on
Answered on Sep 7, 2018
Joseph Jaap's answer
If the house and other assets were titled in his name jointly with wife with right of survivorship, then all those assets can transfer to her without going through probate. His insurance policies would name beneficiaries, and the insurance company would pay them directly without probate. Use the Find a Lawyer tab to retain a local probate attorney who can review the facts and advise you.

Q: settlement from nursing home for my mother does it go to estate or siblings settlement was after her death

1 Answer | Asked in Estate Planning and Probate for Ohio on
Answered on Aug 27, 2018
Joseph Jaap's answer
It depends on to whom the nursing home writes the check. If to the estate, then a probate estate must be opened. In whose name was the claim made? If your sister made a claim in her own name, then the settlement might be to her, not the estate.

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