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Ohio Probate Questions & Answers
1 Answer | Asked in Probate for Ohio on
Q: How can you transfer title to heirs when property is passed intestate without going through probate in Ohio?

The time to go through probate in this case has passed so I am looking for other options by which to transfer title to the heirs

Andrew Popp
Andrew Popp
answered on Sep 22, 2022

The answer varies somewhat from state to state. Generally speaking, if probate is passing "intestate" that means that no Will was completed. It gets to the heirs at law through probate and must be approved by the Probate Court. Otherwise, property can pass to another through operation... Read more »

1 Answer | Asked in Probate for Ohio on
Q: I have been named as the trustee in my brother's 2008 Ohio will. He and his wife divorced in 2020. He passed last week.

My brother died last week. We though he had no will. We found one today. His only son, my nephew is 16 and the will states that he leaves everything to him. His ex-wife has hired an attorney. My brother left his son some jewelry and some silver coins. His home loan was maxed out and the house needs... Read more »

Aaron Epling
Aaron Epling
answered on Aug 22, 2022

Sorry for your loss. First, you are under no obligation to do anything. But, I would probably wait 6 months (the Ohio statute of limitations for unsecured creditor claims) and then file for a release from administration to transfer the automobile title to his son. And, yes, you may waive your right... Read more »

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: How do I as executor of old estate case (2006) close unfinished items when original lawyer does not respond to queries?
Aaron Epling
Aaron Epling
answered on Aug 18, 2022

You should probably reach out to another probate attorney.

1 Answer | Asked in Probate for Ohio on
Q: My father had a TOD Will so that his home and property could not be probated.

He listed my sister and her two children as beneficiaries. His attorney who wrote the will stated to me, as long as the house and property weren’t probated it fell into the rest and residue of the estate of which I am named as a beneficiary along with the previous 3 people. I don’t know what to... Read more »

Beverly A Stull
Beverly A Stull
answered on Aug 14, 2022

I don't know what you mean by a TOD Will. There is a Transfer on Death Designation (TODD) Affidavit, which specifies who will inherit the house after the grantor's death, outside of probate. Anything with a beneficiary, like the TODD Affidavit, will transfer outside of probate and will... Read more »

1 Answer | Asked in Banking and Probate for Ohio on
Q: How can I get access to my incapacitated mother's safety deposit Box

My mother had a stroke a few months ago and she gave me power of attorney but she didn't print her name and I had to get an updated one I did but since then she had an aneurysm and can't speak or talk And the bank wants to call up to the rehabilitation hospital she is in Right now i... Read more »

Aaron Epling
Aaron Epling
answered on Aug 10, 2022

If the bank will not allow access under the power of attorney, then you will need to establish a guardianship and be appointed guardian of the estate by the probate court.

2 Answers | Asked in Estate Planning, Real Estate Law, Banking and Probate for Ohio on
Q: My wife is the sole heir to her Mom's house, We are planning on moving into it, There is a Mortgage owed.

We are going to pay it off but what rights are there to include her name on the loan so the bank will have to answer her questions and give her details. Her will states that all assets go to her once the estate is settled in October. I understand that the Garn-St. Germain act prevents them from... Read more »

Aaron Epling
Aaron Epling
answered on Aug 10, 2022

It is very likely that your mother-in-law's mortgage has an acceleration clause. This makes the entire balance due upon the death of the borrower. A surviving spouse has some rights with respect to assuming the loan. But, I'm not aware of any rights that a child has. In other words, you... Read more »

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1 Answer | Asked in Probate for Ohio on
Q: Am I able to cash a check sent to my sister who's deceased?

My sister passed away unexpectedly with no will. I currently have custody of her son and the father isn't in the picture. Her car was her only possession and she had a loan on it. They repossessed the vehicle and sold it to satisfy the loan. I received a letter stating there was a negative... Read more »

Aaron Epling
Aaron Epling
answered on Jul 18, 2022

You will need to be appointed administrator of her estate so that you can open a bank account to deposit the check into. If the check is under $500, I wouldn't bother with it.

1 Answer | Asked in Criminal Law and Probate for Ohio on
Q: whats thia mean it was the last entry in docket

PV WARRANT DISMISSAL - MOTION AND ENTRY TERMINATING COMMUNITY CONTROL SANCTIONS - AGE OF WARRANT This matter is before the Court on oral motion of Community Control to terminate the previously imposed sanction of community control. Court finds the Offender has not absconded or otherwise absents... Read more »

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Jul 15, 2022

This means you are no longer under any court orders. You are finished with probation. Depending on the charge you can seal it in either 1 or 3 years if it is a sealable offense.

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: In a will…does “life estate in a property at XYZ address” mean the house, the land, or both?
Joseph Jaap
Joseph Jaap
answered on Jul 2, 2022

It typically would be interpreted to mean all of that, as described in the decedent's deed of record. But it could be subject to challenge in probate court depending on all the circumstances and other factors that could make it ambiguous. Use the Find a Lawyer tab to retain a local probate... Read more »

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Ohio on
Q: My Father passed away in 2020. The Estate Exemption for that year was $11.58 million. It was a small estate so it was

not used. Can the Estate Exemption be transferred to the heirs? What can be done?

Moshe Toron Esq
Moshe Toron Esq
answered on Jun 7, 2022

It can only be transferred to a spouse. Also, it must be done within a short window of time.

2 Answers | Asked in Family Law and Probate for Ohio on
Q: My father died and his money was given over to my aunt since I was a minor, she apparently put it in a fund & I want it

My father's obituary says I have a trust fund and my aunt is the person who holds the money at a bank. I can't figure out which bank it is or how much money is there/or was spent but I feel like I'm being lied to. I need help.

Raquel Ann Parish
Raquel Ann Parish
answered on Jun 2, 2022

The best place to start when investigating a family probate issue is at the county Probate Court where the decedent resided at the time of passing. The court keeps record of cases where property is held in trust by third party individuals. In some cases, the trustee or custodian is required to... Read more »

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: My MIL died without a Will in Ohio. She owned her house out right. How can we transfer the title to her son?
Moshe Toron Esq
Moshe Toron Esq
answered on May 21, 2022

It needs to go through the probate court in Ohio.

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1 Answer | Asked in Probate for Ohio on
Q: Can the executor of a will take all cash out of deceased accounts and not report it when filing will for probate.
Aaron Epling
Aaron Epling
answered on Apr 28, 2022

Depends. If the executor is also a joint owner or a beneficiary on those accounts, then YES. If the accounts are in the decedent's name and no beneficiary or joint owner exists, then NO.

1 Answer | Asked in Probate for Ohio on
Q: How do Seniors actually find a pro bono litigation attorney to contest the will in Belmont County Ohio
Joseph Jaap
Joseph Jaap
answered on Apr 27, 2022

Try your local Senior Services agency, local legal aid, or the Ohio Dept. of Aging PASSPORT program.

https://aging.ohio.gov/care-and-living/get-help/home-and-community-care/passport-1

But those services might not help to contest a will. If there is an estate with money, and someone...
Read more »

1 Answer | Asked in Probate for Ohio on
Q: Probate Court of Clermont County,Ohio. Notice of probate of will. A legatee or devisee named in the will May2,2022

additionally, Notice of application to relieve estate from administration.Stating the assets in the estate do not exceed the statutory limits.

If I know of any reason why the application should not be granted, I should appear and inform the Court. does a certified letter to the court suffice?

Joseph Jaap
Joseph Jaap
answered on Apr 22, 2022

A relief from administration is filed when the estate is small. You can file a claim with the estate, or If the probate court holds a hearing, you can attend that. Call the court to find out the status and any scheduled hearing. Use the Find a Lawyer tab to retain a local attorney to review the... Read more »

1 Answer | Asked in Probate for Ohio on
Q: My Aunt's boyfriend of 20 years passed suddenly.

My Aunt's boyfriend of 20 years passed suddenly. They had finally decided to get married after all this time. My Aunt has cared for ailing family members for a long time and that being the reason they hadn't done it yet. Her boyfriend was extremely organized and responsible and had a will... Read more »

Joseph Jaap
Joseph Jaap
answered on Apr 21, 2022

If there is no will, then your aunt has no legal claim to his estate, unless she can claim reimbursement for any expenses she paid on his behalf or if there is any personal property that they owned jointly. A friend or caregiver has no legal status without a will directing that they receive... Read more »

1 Answer | Asked in Probate for Ohio on
Q: How to get access to safe deposit box of deceased mother?

What do I need to do legally to access the safe deposit box of my mother, who lived and died in New York, but apparently still has a safe deposit box in her name in Ohio? She died 15 years ago, I am only surviving family member. There was no will and no assets beyond funeral expenses.

Aaron Epling
Aaron Epling
answered on Apr 19, 2022

You may have to open probate in New York to get an executor appointed who would have authority to go to the bank and remove the assets. If you just want to find out whether anything is in the safe deposit box, then Ohio has a mechanism to allow access for the purposes of creating an inventory of... Read more »

1 Answer | Asked in Probate for Ohio on
Q: What exactly is. Ohio Uniform Principal and Income Act, O.R.C. 5812
Aaron Epling
Aaron Epling
answered on Mar 28, 2022

Try here:

https://www.ohioprobatelawyer.com/trusts/2018/07/27/difference-between-taxable-income-and-accounting-income/#:~:text=Ohio%2C%20like%20most%20states%2C%20has%20adopted%20the%20Uniform,on%20accounting%20income%20are%20also%20allocated%20to%20income.

1 Answer | Asked in Adoption, Child Custody and Probate for Ohio on
Q: How do I know who has custody of a minor child in Ohio

My husband and I have had full custody of his 13 year old son for over 10 years now. Mom has since had another child who is now 6 years old which custody was given to her mother who has since passed away. The child is now back in her mothers care but need to know how to help grandma/ myself get... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Mar 9, 2022

If the child is not going to be placed with child services because of the mother's drug use, then you or the grandmother can file a private custody action in Juvenile court. You or her will need to prove 1) that the mother is unfit and 2) that putting the child in the care of a non-parent is... Read more »

2 Answers | Asked in Probate for Ohio on
Q: Do I have any rights to my deceased grandmother's condo? My uncle is trying to sell it while I'm living in it.

I have been living with my grandmother for the last year as her caregiver. Her will left everything to one of my two uncles, but he doesn't want anything because he receives social security and doesn't want to jeopardize it. My uncle who is trying to kick me out and sell the condo... Read more »

Aaron Epling
Aaron Epling
answered on Mar 4, 2022

You could file a claim against her estate within 6 months of the date of death for payment as a caregiver if you had an agreement to receive payment. Otherwise, your uncle now owns the condo and has the right to sell it.

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