Ohio Probate Questions & Answers

Q: what if someone never went through probate after death

1 Answer | Asked in Probate for Ohio on
Answered on Apr 8, 2019
Joseph Jaap's answer
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 facts and advise of the probate process. If the person has no remaining assets in their name, filing probate is not required.

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?

1 Answer | Asked in Probate for Ohio on
Answered on Mar 25, 2019
Joseph Jaap's answer
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 been advised, you need an attorney. Use the Find a Lawyer tab to retain a local OH probate attorney.

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

1 Answer | Asked in Estate Planning and Probate for Ohio on
Answered on Mar 20, 2019
Joseph Jaap's answer
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 accountable. Use the Find a Lawyer tab to retain a local probate attorney to review all the facts and advise of your options.

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

1 Answer | Asked in Probate for Ohio on
Answered on Mar 8, 2019
Joseph Jaap's answer
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 estate assets that belong to him. Since those items are unlikely to have a title or receipt, the court would rely on testimony of the son and other family members. Your mother could use the Find a...

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

2 Answers | Asked in Probate for Ohio on
Answered on Feb 19, 2019
Joseph Jaap's answer
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.

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

1 Answer | Asked in Probate for Ohio on
Answered on Feb 18, 2019
Joseph Jaap's answer
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 has any children, an interest in the house would pass to them and you as his surviving spouse. So it would be prudent to use the Find a Lawyer tab to retain a local estate planning attorney to review...

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.

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