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Ohio Probate Questions & Answers

1 Answer | Asked in Estate Planning and Probate for Ohio on

Q: My sister is alive and made a will several years ago to leave me the house. She's married so I assume her husband of

husband of 10 years will have a claim to the house? I believe it's only in her name.

Joseph Jaap answered on Jun 12, 2019

Yes, a spouse can make a claim against what your sister put in her will. Ohio law protects spouses from being disinherited. Talk to her about it.

1 Answer | Asked in Estate Planning and Probate for Ohio on

Q: What can I do when. Judge orders in a probate court case 2 yrs ago. Are still. Not done

Joseph Jaap answered on Jun 10, 2019

Use the Find a Lawyer tab to retain a local probate attorney where the case is filed, to review the court docket and the documents that have been filed, determine what actions need to be taken in the case, and file with the court on your behalf. The court can then hold a hearing to determine the... Read more »

1 Answer | Asked in Probate for Ohio on

Q: Father died-no will. Son lives in home, was POA. Can he file to transfer home ownership to self? No finances at all.

I am this man's pastor. Seeking legal advice for him. He has limited mental abilities, and insufficient income to handle on his own. He may need to try to sell part of property to even survive.

Joseph Jaap answered on Jun 5, 2019

The POA terminated upon the death of the father, so son now has no legal authority to do anything with the property or father's accounts or other assets of his estate. If the home was owned jointly with father with right of survivorship with son, then that transfer can be made by filing the death... Read more »

1 Answer | Asked in Probate for Ohio on

Q: My uncle had was never married and had no kids. He left everything to me, can I sign the will over to someone else?

Joseph Jaap answered on May 30, 2019

There is no process to "sign the will over to someone else." Somebody would have to open his estate with the probate court and file his will. If you are designated to receive the assets of his estate, you can refuse, and those assets would go to the next person in line either in the will or as... Read more »

1 Answer | Asked in Probate for Ohio on

Q: What do I need to do to get my mother's house transferred into my name so we can sell it? Cuyahoga County, Ohio

The house is the only thing in her estate. Everything else had beneficiaries listed and has been distributed. There was no will and no executor named. My wife and I took care of her the last 3 years of her life. She has no outstanding debts except for back taxes and penalties owed on the house that... Read more »

Joseph Jaap answered on May 29, 2019

You can file with the probate court to be the administrator of the estate using the process for a small estate. The probate forms are on the court's web site, and court personnel might help you a bit. But they cannot give legal advice. So if you have questions on what to do, they can't help. So... Read more »

1 Answer | Asked in Probate for Ohio on

Q: Are the executors allowed to come in and change the locks of the house? There are established residents living there.

There are three established residents living there, my grandma just passed away two weeks ago. My aunt and uncle said they will be coming in and changing the locks at the end of the month. They have given no eviction notice. My dad and other uncle have lived in the house for almost 30 years or more.

Joseph Jaap answered on May 16, 2019

The executors cannot lock them out of the premises legally without following a proper eviction process. It would be a wrongful eviction for them to change the locks without an eviction. But the executors can take charge of the property, require occupants to sign a lease, charge rent and... Read more »

2 Answers | Asked in Probate and Wrongful Death for Ohio on

Q: Can I become executor over brother estate before settlement is awarded

My mother couldn't be executor because of bad credit and lived out of state. and they appointed one for her. But I met all the qualification and willing to set up to the plate. We haven't been to probate court yet and was wondering if i could become administrator over estate.

Joseph Jaap answered on May 15, 2019

That is for the probate court to decide. You can apply to be administrator, and the court will schedule a hearing o determine who is best suited to serve as administrator. Use the Find a Lawyer tab to retain a local probate attorney to assist you.

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1 Answer | Asked in Probate for Ohio on

Q: My sister passed away. She has $2000 in the bank a car that's worth minimal. Negative eq in a trailer. What do I do?

She has household goods but that's it. What do I need to do? Not sure what she owes.

Joseph Jaap answered on May 13, 2019

If you paid the funeral bill, and she was not married at her death, and the total of all her assets is under $5000, you can file in the probate court for a Summary Release from Administration, which is a very simplified process. If over $5,000, and under $35,000, then file a Relief from... Read more »

1 Answer | Asked in Probate for Ohio on

Q: Why would someone list theirself as the grantee and grantor on the deed of their house?

Joseph Jaap answered on May 13, 2019

There are several reasons to do that, such as adding a survivorship interest, adding an updated survey, etc. If you have a question about a specific deed, use the Find a Lawyer tab to retain a local real estate attorney to review the deed and advise you.

1 Answer | Asked in Probate for Ohio on

Q: Who has more rights to my deceased wifes house me or her children if she is the only one on the deed?

Joseph Jaap answered on May 9, 2019

The Ohio rules inheritance for someone who dies without a will control how things are divided, and it depends on if the children are step children of the surviving spouse. If the children are children of both spouses, then the surviving spouse would obtain the house through the probate process.... Read more »

1 Answer | Asked in Real Estate Law and Probate for Ohio on

Q: If my wife passed and she was the only one on the deed and there is no will do I have rights to the house?

I am the primary mortgage borrower. I am the POA and also the sole beneficiary on her life insurance. I was the main breadwinner and reside in the home today. Her kids want to take the house.

Joseph Jaap answered on May 9, 2019

If she did not have a will, then you and her children have rights to the house, and her estate will have to be opened with the probate court to resolve that. Use the Find a Lawyer tab to retain a local probate attorney to review the facts and advise you. Note that the POA terminated upon her... Read more »

1 Answer | Asked in Estate Planning and Probate for Ohio on

Q: my mom passed last week. she seems to have an outstanding medical bill. how valid is that bill post death

Moshe Toron Esq answered on May 6, 2019

If she opens a probate case within 6 months of death, then the bill could be payable from her probate estate assets, if she has sufficient probate assets. If she does not file a probate case, then it is unlikely this bill will need to be paid. In general, her debts are only payable from her assets.... Read more »

1 Answer | Asked in Criminal Law, Estate Planning and Probate for Ohio on

Q: If only two heirs exist, and there is a owned home, do both heirs have the right to live in the house before probate?

my father passed away in August 2018, owning a home. My brother lives there currently, and I lived there 4/2018- 6/201, and in January my brother asked that i move in. He is more than likely going to be incarcerated for a year, and that is one reason he asked me to move in. Ive already started... Read more »

Joseph Jaap answered on Apr 23, 2019

If the estate has not been filed with the probate court, then that is what has to happen now, so an executor or administrator can be appointed by the court to resolve these issues, including ownership of the house if the deed did not have a survivorship provision or transfer on death designation or... Read more »

1 Answer | Asked in Probate for Ohio on

Q: what if someone never went through probate after death

if someone died 10 years ago, and their estate hasn't been through probate what can happen

Joseph Jaap answered on Apr 8, 2019

If any property remains in their name, and legal title to the property must now be changed, there can be a probate filing now to resolve the property ownership among the heirs in the probate court. Use the Find a Lawyer tab to retain a local probate attorney where the person lived to review the... Read more »

1 Answer | Asked in Probate for Ohio on

Q: Dad died in NC after living there for 8 yrs, his assets are in OH. Do I need 2 probate lawyers? Where do I file?

My uncle cared for my dad part of the 8 yrs he was living in NC. He never sold his home in OH. Part of this time he was in Assisted Living, (Later had dementia) For 8 yrs, his house in OH had ALL utilities shut off. They hired yard maintenance help only & paid all taxes. Said "Originally Will"... Read more »

Joseph Jaap answered on Mar 25, 2019

You can't accomplish much with the death certificate. You will have to file with the probate court where his property is located in Ohio to petition to be administrator of his Ohio property. If the court appoints you, then you will have legal authority to deal with the real estate. As you have... Read more »

1 Answer | Asked in Estate Planning and Probate for Ohio on

Q: Can a Poa legally give away possessions, so that there is nothing left in estate for beneficiaries?

My sister is POA and executrix for step father. She is estranged from me and my other sister due to her mistreatment of our step father. All three of us are equal beneficiaries in will, however, she gave away his possessions before he died, so nothing has to be shared with us. Is that legal? We... Read more »

Joseph Jaap answered on Mar 20, 2019

A person acting as agent under POA has a fiduciary duty to act in the best interest of the person who granted the POA, and not to their own personal advantage or disadvantage of others. The same for an executor of a will. An action can be filed in probate court to hold the agent or executor... Read more »

1 Answer | Asked in Probate for Ohio on

Q: Can a child of the deceased get the deceased assets, if the assets are with deceased significant other and have no title

My mother's boyfriend of 20+ years died unexpectedly. His son, who has only been coming around in the last few years is filing probate. My mother owns the house they shared, but his son made a list of assets of items they shared together, but came from his family to submit in court. There are no... Read more »

Joseph Jaap answered on Mar 8, 2019

Evidence and testimony would be presented to the probate court for the court to determine what property the deceased owned, and what should be distributed to his beneficiaries. If the son can provide evidence of things that came from his father's family, then the court can determine those are... Read more »

2 Answers | Asked in Probate for Ohio on

Q: My cost to state of Ohio to become bonded as Executor of mother's will. I live and reside in Michigan.

Oddly, most of the estate has been finalized. Several loose ends to tie up. Since I live in MI and finishing this, I understand there is a fee to be bonded. That's first of many questions. Thanks

Joseph Jaap answered on Feb 19, 2019

Check with a bonding company for the premium. It also would be prudent to retain a local probate attorney to assist you with the probate process in the county in which the probate is filed. Use the Find a Lawyer tab.

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1 Answer | Asked in Probate for Ohio on

Q: Can I stay in my husband's home if he passes before me?

My husband and his previous wife (now deceased) built the home he and I now live in. His previous will left everything to her. From what I understand, because his wife passed away his previous will is no longer valid. He does not have a new will. His deed was a transfer on death deed and he has not... Read more »

Joseph Jaap answered on Feb 18, 2019

His "previous" will IS his current will, unless he revoked the previous will, tore it up, or destroyed it. Since his previous wife is deceased, the transfer to her in the transfer on death deed, is no longer in effect. If he passes away, the house would not pass to any of her heirs. But if he... Read more »

1 Answer | Asked in Probate for Ohio on

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

Beverly A Stull answered on Jan 26, 2019

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.

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