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Ohio Probate Questions & Answers
2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Mom died with no will younger brother won’t fill out bond paperwork. Are there other options for an executor?

Can older sibling and I ask for a neutral executor since younger brother won’t fill out and file bond paperwork?

Aaron Epling
Aaron Epling answered on Oct 20, 2021

You don't even need a neutral executor. You should just apply to administer the estate. This will force your younger brother to act and, if he doesn't, then you can act as administrator.

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2 Answers | Asked in Probate for Ohio on
Q: How can I gain access to my mothers bank account now that she is deceased?

Both my parents are deceased. They did own a trailer but the landlady of the park took the trailer and any assets inside and all that is gone now. There is only a bank account left. They did not have a will and I was power of attorney for my mother before passing . Is it possible for me to be able... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 15, 2021

There is simplified probate process for small estates. Contact the probate court in the county where your mother lived. They might help you with the necessary forms. If not, use the Find a Lawyer tab to retain a local probate attorney who can advise you. But that might not be cost-effective.... Read more »

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Ohio on
Q: Does SSI have to be paid back after death?

My grandfather died in june leaving his assets in trust to his son and daughter equally. His son (my dad) died before receiving his half of assets. My dad was on Supplemental Security Income at time of death and for last 10 years. The family says his half of the assets will pass into his estate to... Read more »

Andrew Popp
Andrew Popp answered on Oct 8, 2021

SSI works differently than the Medicaid program. While the federal government has mandated that state Medicaid programs are to seek reimbursement from the estate of a deceased under certain circumstances, it does not extend to SSI benefits. That being said, if an overpayment was made by SSI to... Read more »

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: What all do I need in order to be names as administrator if my father's estate if there wasn't a last will and testamen.

He didn't own his home and his vehicle when back to the finance company. He did have a life insurance policies I'm sure but how do I track them down.

Joseph Jaap
Joseph Jaap answered on Oct 6, 2021

You'll have to go through his papers to try to find any life insurance policies. There is no other easy way to find out if he had insurance. If you find any life insurance policies, you can send a death certificate to the companies to notify them of his death. They will pay insurance... Read more »

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2 Answers | Asked in Probate for Ohio on
Q: My brother died without a proper will and his assets are very small. Can we settle his small estate without a lawyer?

He has a small house. 2 children who loathe each other.

Aaron Epling
Aaron Epling answered on Oct 5, 2021

If the two children don't like one another, then you should get an administrator appointed to sell the house and split the proceeds. Are you (the administrator) required to have an attorney? No. Should you? Unless you are a probate attorney in Ohio, then yes. The beneficiaries could sue you if... Read more »

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1 Answer | Asked in Probate for Ohio on
Q: cuyahoga county ohio Probate no will filing to become admin and a bond has been requested

only asset is home and only sibling has no interest in property. Have been advised to do quick claim deed at end but am wondering why not advised to do a disclaimer or renunciation now as would this not require bond?

Andrew Popp
Andrew Popp answered on Sep 20, 2021

Disclaimers do not avoid probate. A disclaimer means that the heir who is disclaiming is deemed to have predeceased the person that he or she is inheriting from. The next person set to inherit under Ohio's Rule of descent and distribution would then inherit the property.

I take it...
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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Sole owner of home passes away without a will. Daughter and son-in-law have lived there for 5 years. Whats next

The mother paid mortgage, son-in-law and daughter paid all utilities, maintained home while also giving her care. What rights does daughter have? Daughter does have a brother who lives elsewhere

Andrew Popp
Andrew Popp answered on Sep 16, 2021

Unless the home was in a Trust, or there was a transfer on death beneficiary for the residence, it will have to go through probate. The heirs at law will be the ones to inherit the home. See Section 2105.06 of the Ohio Revised Code for breakdown. (link below). If someone else gets the home some... Read more »

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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: I went to probate and got a motion to release info signed by judge. Bank wouldn’t take it and said acc under

Legal investigation Can they do that. And what do I do now

Matthew Williams
Matthew Williams answered on Sep 14, 2021

You could file a motion to show cause why they bank should not be held in contempt for violating the court order.

2 Answers | Asked in Probate for Ohio on
Q: Our attorney in Ohio just sent us a $48,000 bill for settling my brother's estate. looks excessive. do i have recourse?

The estate is around $800,000. It has been over a year and a half and according to him it is still not settled!

Aaron Epling
Aaron Epling answered on Sep 13, 2021

You can't simply base whether the fee is reasonable on the amount of the fee vs. the total estate. Was the executor involved in litigation or any other controversies? Does this court have a local rule allowing the attorney a percentage of the assets? Was the attorney acting as executor?

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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: How can I keep my deceased Mother's house from being taken by Medicaid Estate Recovery in Ohio?

My wife, kids, and I live in my Mother's house. She passed away in April 2021 without a will and probate hasn't been started yet. We received a letter from the Ohio Attorney General stating that she owes $74,000 for Medicaid Estate Recovery. I'm assuming they'll put a lien on... Read more »

Aaron Epling
Aaron Epling answered on Sep 7, 2021

This is a very good question. If you are disabled, then you may be able to stay in the house. If not, then another option is to negotiate with Medicaid and they may take a lower amount in exchange for not having to foreclose. Either way, you should probably get an experienced attorney involved who... Read more »

2 Answers | Asked in Probate for Ohio on
Q: Do I need a lawyer if im the closest living relative and my dads house is morgaged out and the car is a lease.

No will just tools and household goods. No life insurance. Im selling his things to pay for funeral and burial.

Andrew Popp
Andrew Popp answered on Aug 26, 2021

You need to go through probate. As it stands you do not have the legal authority to sell your father's tools and household goods. Doing so now can expose you to criminal and/or civil penalties. It's not necessarily about needing a lawyer, although you probably do, it's about doing... Read more »

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1 Answer | Asked in Probate for Ohio on
Q: Probate: Can I hire an attorney from outside of the county the probate was filed? How are probate attys paid?

Executor has withheld her husband from most of his family years before he passed, cut off ties, likely blocked phone numbers, moved him to Florida. Will was suddenly changed 7 months before his passing. It excludes 5 out of 6 of his children. Will prior to executor meeting husband, still exists,... Read more »

Andrew Popp
Andrew Popp answered on Aug 13, 2021

To answer your question, yes you can hire an attorney who's office is outside the County probate was filed in. I would however, encourage you to find an attorney who practices in that County as each county Probate Court has their own rules and nuances. The other thing I will say is that... Read more »

2 Answers | Asked in Estate Planning, Family Law and Probate for Ohio on
Q: My God daughter's parents would like to name me as a stand by guardian in case they become incapacitated or die.

Both parents both children and myself live in Montgomery County Ohio. It looks like we want the designation of guardian form according to revised code 2111.121 written out with 2 witnesses and a notary public. I want to know if we're on the right track.

I did try contacting the... Read more »

Andrew Popp
Andrew Popp answered on Aug 12, 2021

In short, yes you're on the right track. You may want to contact the probate court clerks in Montgomery County. Each county is different, and some have specific documents for you to complete. The Court clerks can usually assist you or point you in the right direction.

Best of luck.

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3 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Should my sister sign a waiver giving permission for her uncle to handle his late brother's estate

My sister is a part of that estate

Aaron Epling
Aaron Epling answered on Aug 5, 2021

It's hard to "un-sign" a waiver. So, I suggest she talk to counsel first.

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1 Answer | Asked in Elder Law and Probate for Ohio on
Q: My Father passed away last year after a long stay in a nursing home in Ohio. What do I do with his truck?

The only thing that would go through probate if I were to file would be his truck. No other assets. His wife is deceased. House was foreclosed on. Bank account empty. There is no will. If I were to file in Probate Court as a Small Estate, and notify Medicaid in the process, would they come after... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Aug 4, 2021

If the truck is worth less than $5,000 and you paid for the funeral and the funeral cost more than the value of the truck, then you can file for a Summary Release from Administration and Medicaid does not need to be informed or paid back.

2 Answers | Asked in Probate for Ohio on
Q: My mother gave me her home before she passed. As next of kin and owner do I own the contents of the home?

Her trust is still in probate so I wasn’t sure if I could move furniture out. Nobody in the family wants it.

Aaron Epling
Aaron Epling answered on Aug 2, 2021

The contents of the home and the home itself are separate. The home passed outside of probate and the contents pass through probate unless some mechanism was used so the contents could avoid probate...like a trust. If the estate is open, then contact the administrator/executor, preferably their... Read more »

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1 Answer | Asked in International Law and Probate for Ohio on
Q: My Canadian husband died intestate in Ohio. I'm a US citizen. We had no children. He has 1 adult child in Canada.

His Canadian estate consists of the contents of a storage container of household goods in BC and stock in a Canadian company at the time of his death. He was a resident of BC prior to joining me in Ohio. He did not own any vehicles, bank accounts or real estate in Canada. His US estate consists of... Read more »

Andrew Popp
Andrew Popp answered on Jul 21, 2021

A detailed analysis of all the pertinent facts is necessary before anyone can give you a definitive answer. I recommend sitting down with a probate attorney in your area for a full consultation.

2 Answers | Asked in Probate for Ohio on
Q: Father passed no will no spouse. My bro in same state as Dad. I live diff state. How protect my inheritance rights?
Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 20, 2021

I would talk to an Ohio attorney about beating your brother to the punch to get appointed as Administrator of the estate. In my state, Louisiana, you and he would have equal preferenced in right to be appointed. Ohio may have a statute that provides that a local person living in the state has a... Read more »

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2 Answers | Asked in Arbitration / Mediation Law, Business Law, Civil Litigation and Probate for Ohio on
Q: I lived with my fiancé for 17 years. We ran a business together out of the house for the last 11 years. She died.

She left the house to her sister. I knew that. However, they took the business name and accounts and took control of the business PO Box and all incoming checks and entered them into probate in Greene Co. Ohio. I subsequently had to file all necessary paperwork and obtain a new federal EIM and new... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 19, 2021

If there is an operating agreement or partnership agreement for the company, you could make a claim for your share of the ownership. If any of your personal property was removed from the house, you could make a claim for return of that. Use the Find a Lawyer tab to retain a local attorney to... Read more »

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Can I file probate claim if I'm the only child of record, but I live in another state?

If my father passes without a will, I'm worried that I will not be able to do anything because I live in PA. His sister and i are the only remaining, close blood relatives. My aunt lives in Ohio. Would it fall to her or me?

Moshe Toron Esq
Moshe Toron Esq answered on Jul 4, 2021

If he is not married and you were his only child (i.e. he had no other living or deceased children) then you are entitled to his entire probate estate, if he had no will.

However, certain assets may have passed directly to your aunt or others, if they were named on his bank account or life...
Read more »

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