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Ohio Probate Questions & Answers
1 Answer | Asked in Probate for Ohio on
Q: my neighbor passed away in late October, I am concerned his children may be trying to settle his estate without probate

We are in Ohio. He was a single man with no spouse to pass his real estate and property to. I am told there is a Will, but as far as I can tell there is not a survivorship affidavit on file. He is listed as sole owner of his house (with a mortgage), and I am told his youngest daughter plans to sell... View More

Andrew Popp
Andrew Popp
answered on Dec 4, 2023

The short answer is that you simply have some misunderstandings about the way the process works. If the title to your neighbor's house was in his name, only a legal representative can sell the house. That means probate. The alternative is if the house was in a trust or was set to pass... View More

1 Answer | Asked in Probate for Ohio on
Q: My husband was the executor of his mother’s will. We received a check in her name can he cash it? We live in Ohio.
Todd B. Kotler
Todd B. Kotler
answered on Nov 15, 2023

Has your husband opened an estate for your late mother-in-law? If not, no. Even if an estate has been opened in probate court it will need to go into the estate's account. As executor, your husband has a duty to marshal his mother's estate assets and distribute them according to her... View More

1 Answer | Asked in Probate for Ohio on
Q: Am I entitled to my dads share of his inheritance since he predeceased his mom? What does this letter I received mean?

I received a “Notice of Probate of Will” letter and it says I’m “A person who would be entitled to inherit from the decendent had the decendent died intestate.” My dad died a few years ago he had a will and his mother died a few months ago also with a will.

Beverly A Stull
Beverly A Stull
answered on Nov 10, 2023

You received the Notice because you are next of kin; it is just to inform you that your grandmother's will was filed with the probate court in the county where she lived. You will need to look online to see what the will says. You would be entitled to your father's share of your... View More

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: My late mother left 12 CD's and only listed the great grand kid's (minors) as beneficiaries. Now we can't access the $.
T. Augustus Claus
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answered on Sep 20, 2023

In Ohio, if minors are designated as beneficiaries on financial instruments like CDs without specifying a custodian, complications can arise. Under the Ohio Uniform Transfers to Minors Act (UTMA), assets can be transferred to minors with an adult custodian managing them. If no custodian was named,... View More

1 Answer | Asked in Family Law, Adoption and Probate for Ohio on
Q: Request Order to Ohio Vital Statistics to obtain Original Birth Certifcate.

My son was adopted by his mother’s second husband changing his name and birth certificate.

My son has grown and his adoptive father has passed away. Son would like to have his birth certificate changed to have my name as his father. He has already changed his name back to what it was... View More

Aaron Epling
Aaron Epling
answered on Sep 18, 2023

Given these facts, I think any probate attorney may need to do some research to be truly confident as to the process needed to achieve the desired outcome. If changing the words on the certificate is truly the only desired outcome, then I'd start with the health department that issued the... View More

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: How can i read someones will? My godfather always said that i was on his will but after he died his daughter say I’m not

He was from puerto rico

T. Augustus Claus
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answered on Sep 6, 2023

Certainly, in order to read someone's will, you should follow a legal process that typically starts by locating the will, consulting with an attorney who specializes in probate and estate law, and filing for probate if required. The will reading itself is not always a formal event but rather a... View More

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1 Answer | Asked in Probate for Ohio on
Q: Had a close friend of my family pass away and am trying to figure out how next of kin works.

I had someone who was very close to my family pass away and he was adopted when he was little. He was an only child after being adopted but has a biological sister who is still alive and he has no other family at all. He had told multiple people around him that he wanted my mom to get his home but... View More

Andrew Popp
Andrew Popp
answered on Aug 30, 2023

For a definitive answer I recommend sitting down with a qualified attorney to review your circumstances in detail and advise you and/or your friend.

In the interim, the pertinent legal authority can be found at Sections 2105.06 and 3107.15 of the Ohio Revised Code. See links below....
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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: My father died recently and I have no contact with my siblings. Is there a way to find out what is in his estate?

I live in a different state and he was a not married.

T. Augustus Claus
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answered on Aug 28, 2023

In the event of a person's passing, their estate typically goes through a legal process called probate. During this process, the assets and debts of the deceased are evaluated, and their estate is distributed according to their will or the state's intestate laws if there is no will. To... View More

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2 Answers | Asked in Divorce and Probate for Ohio on
Q: What trumps what… deed or divorce decree?

My husband and I divorced, both are still on the deed to the house. Divorce decree states when I’m ready to sell we split the proceeds. He passed away and now his wife wants half the house in her name. The deed has survivorship rights. So I thought the house should go into my name. What trumps... View More

Joseph Jaap
Joseph Jaap
answered on Aug 4, 2023

Sign and record an affidavit of survivorship with a copy of the death certificate, per the survivorship deed. That will put the house into your name. There is no obligation to also put the house into her name, unless a court would order that, or unless the divorce decree already says that. But... View More

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1 Answer | Asked in Probate for Ohio on
Q: Can I file in Cuyahoga County Probate Court if the decedent died as an inmate in an Oregon State Prison?

Is there a probate law that permits the filing of a probate administration in Ohio if all the decedent's assets are located in Ohio and the decedent was never domiciled in another State except as a prison inmate?

The decedent, a former resident of Cuyahoga County, traveled to Oregon... View More

Aaron Epling
Aaron Epling
answered on Aug 3, 2023

Interesting question. It all depends whether the decedent was a resident of Oregon. After a quick internet search, it seems there may be some authority for saying that a prisoner retains their pre-prison residency. The job of a lawyer is to do the necessary research to come to a conclusion on... View More

1 Answer | Asked in Probate for Ohio on
Q: My father passed away and his wife has refused to show me the will. Her Attorney wont talk to me. He left me his house

and bank account and left her the items in the home. The will states if I am married She gets the house and bank account. I am not married NEVER have been. She is his 6th wife he never put her on any bank account, credit card, or deed to house. They were married only 9 years. She has lied and told... View More

Joseph Jaap
Joseph Jaap
answered on Jul 31, 2023

The will must be filed with the probate court to initiate his probate estate. The will and other documents filed with the court are public records that can be searched on-line. No one can prevent you from filing objections or motions with the probate court. Use the Find a Lawyer tab to retain a... View More

2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Ohio on
Q: Is a lawyer allowed to give money out of the estate before the case is closed?
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answered on Jul 12, 2023

The distribution of assets from an estate typically occurs after all debts, taxes, and expenses have been paid, and any necessary court approvals have been obtained. This ensures that the estate's obligations are properly settled and that the beneficiaries receive their rightful share... View More

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1 Answer | Asked in Family Law, Estate Planning and Probate for Ohio on
Q: Can my dads will legally not be followed?

My dad passed away and has a will that states to sell the house that he co owns with his ex wife to put for his funeral expenses. His new current wife is refusing to follow the will she is here on a green card from the Philippines. She is first in his paperwork but I am also listed that if she is... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 3, 2023

You will have to file an action against the new wife in probate court. Has the will been admitted to probate yet? IF not you may even be able to get yourself named as executor. Regardless, you should hire an attorney in your late father's county who regularly practices probate litigation.

2 Answers | Asked in Probate for Ohio on
Q: When a estate is in probate.And the date has passed for any creditors to make a claim.Can the executor distribute funds
Joseph Jaap
Joseph Jaap
answered on Jun 13, 2023

The executor or administrator must consider whether there are other claims to pay, sufficient funds to pay any taxes, expenses and fees of administration, etc. Recipients usually are eager for distributions, but the executor or administrator should consult with the attorney for the estate, or use... View More

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1 Answer | Asked in Probate for Ohio on
Q: Does the certificate of transfer supersede the wishes of a will that has gone through probate?

I have a will that gives to the husband as a life estate, then to the daughter as a life estate, then to the granddaughter. The certificate of transfer gives to the daughter, who then conveys the land to another party. It appears that they have ignored or forgotten that the daughter would have... View More

Joseph Jaap
Joseph Jaap
answered on May 24, 2023

If the Certificate of Transfer is incorrect, then contact the attorney for the estate to file with the probate court to have it corrected. If the daughter sold the property, there could be a real estate title issue for her and the buyer to resolve. If the buyer did a title examination, that... View More

1 Answer | Asked in Probate for Ohio on
Q: What do I do if the probate attorney that is handling my grandmother estate does not contact me?

Left numerous voicemails and finally a call went through and the attorney answered and took my name and phone number and said they would get back to me. It has been 3 months since I have received the notice of inventory and appraisal of the estate with no further contact from the attorney or the... View More

Joseph Jaap
Joseph Jaap
answered on May 18, 2023

The case documents are available to the public on-line. So anyone can log in to see them and see what the progress is. The probate process can move slowly. The attorney for the estate represents the estate and works with the executor, and is not necessarily obligated to keep anyone else informed... View More

1 Answer | Asked in Probate for Ohio on
Q: Should I sign beneficiary paperwork if I plan on contesting the % since the POA changed them to better her position?

POA (stepmom) reduced mine & brothers %s by 20% each & increased hers by 40%. Dad had altzheimers & couldn’t have made the decision at the time it was changed. Poa had authority with restrictions to follow estate plan.

Aaron Epling
Aaron Epling
answered on May 8, 2023

Your attorney should be answering this question for you. That said, I would probably go ahead and take the lower percentage. Once the litigation begins, the company distributing the money may freeze the account. And, you may need the money to help pay for the costs of litigation. But, even if you... View More

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: If both spouses die "simultaneously" and they have different back-up executors to their will, which executor handles the

which executor handles the jointly owned accounts? Who does the money in those accounts go to?

Moshe Toron
Moshe Toron
answered on Apr 29, 2023

The funds in the joint account go to the second spouse to die and administered under the will of the second to die. If the order of deaths is unknown, then you need to speak to an attorney.

Other assets are more complicated, as it depends how the wills were written and how they address...
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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: If both spouses die "simultaneously" and they have different back-up executors to their will, which executor handles the

which executor handles the jointly owned accounts? Who does the money in those accounts go to?

Andrew Popp
Andrew Popp
answered on Apr 30, 2023

A more thorough analysis would be needed. Here in Ohio, a beneficiary must survive the principal by a least 120 hours or they are viewed as having predeceased the other. As for the executor, each person has their own probate and you can have a different person for the husband/wife's case.... View More

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1 Answer | Asked in Probate and Estate Planning for Ohio on
Q: When someone dies with a Will which clearly conveys ownership of all their property to their spouse, is probate required

Surviving spouse is afraid that Probate Court process is required in all death of spouse situations.

Joseph Jaap
Joseph Jaap
answered on Apr 27, 2023

If the real estate transfer is in the will, then probate court is required to get a Certificate of Transfer. When the transfer is by a survivorship deed or by transfer on death affidavit, probate court is not required for that transfer, but might be required if there are other transfers under the... View More

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