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Ohio Probate Questions & Answers
2 Answers | Asked in Probate and Small Claims for Ohio on
Q: My mother passed away in Hawaii. Due to the pandemic, I wasn't able to travel there to take care of her personal affects

Since I couldn't go there my "estranged " daughter stepped up and cleared out her condo and sent me pictures of some personal items that she was to send me and I would pay for shipping. After she found out that I was left some money she told me that she wanted half of it and has... View More

Nina Whitehurst
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answered on Jun 27, 2020

You should hire a probate attorney to get an executor. The executor can demand the return of all of your mother’s property and the court can hold your daughter in contempt if she fails to do so. There are remedies for this but you need to act fast before everything “disappears”.

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1 Answer | Asked in Banking, Probate and Estate Planning for Ohio on
Q: Is you have a shared bank account with your wife can you leave the money in it to your kids in your will?

Your husband dies and in his will he left all the money in your shared savings account to his kids from a previous marriage. The savings account has all the money you need to live off of. Can the kids legally take all that money from you even tho that’s your money you have been saving? There is... View More

Paul Kellogg
Paul Kellogg
answered on Jun 25, 2020

It is very settled law in Ohio that joint bank account passes to the surviving joint owner in the event of the death of the other co-owner. The account does not pass through probate and is not controlled by the terms of the will.

1 Answer | Asked in Probate for Ohio on
Q: It's complicated. My boyfriends dad died, he was divorced but the property was still in both their names. She took his

name off the deed after he died and kept in her name, claiming survivor ship. In a settlement she said she would sign the property to the rightful heirs. She failed to do that, now one of the heirs has died. On what grounds can we get the probate case reopened?

C. Lawrence Huddleston III
C. Lawrence Huddleston III
answered on Jun 18, 2020

No one is going to be able to give you a good answer without looking at the documents to which you refer. You need to assemble all the information and schedule an appointment with an expert probate attorney. If there was a survivorship deed, it is valid. If she signed a prenup of some sort, it... View More

1 Answer | Asked in Probate for Ohio on
Q: My daughter has a probate bank acct that she wasn't allowed to touch her money till she was 18 which is nov. 13th year

Can she get it earlier? I believe she deserves it shes trying to start her own life now college car drivers lisc ect...

Joseph Jaap
Joseph Jaap
answered on Jun 17, 2020

It depends on the terms by which the money was left for her use, and who controls disbursements of the money. Use the Find a Lawyer tab to retain a local attorney who handles trusts and estates to review all the facts and advise you.

2 Answers | Asked in Probate for Ohio on
Q: My mother passed away last september, she had no will, and my step father is holding any information from us

He refuses to allow me and my sisters to the home mymother owned (it's only in her name) how long does probate take? We asked the attorney that was supposed handling the case and he refused to give us information, is there anything we can do since they seem to be working against us?

Nina Whitehurst
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answered on Jun 16, 2020

You should hire a probate attorney to represent your interest in the probate.

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: My father passed away in April my sister is the EOE. I wasn't mentioned in the Will. Were not speaking what can I do?

Do I have any rights as his legal daughter? What steps should I take?

Beverly A Stull
Beverly A Stull
answered on Jun 11, 2020

Your father had the right to include or exclude anyone he wanted. And good for him to give only to children who were speaking to him! If you wanted to be treated like his daughter after his death, you should have treated him like your father when he was alive; it is too late now!

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1 Answer | Asked in Probate and Estate Planning for Ohio on
Q: After following my wife wishes of cremation when I went to get her remains I denied them, my stepson has filed something

What kind of rights do I have after 18 years of marriage? He basically kidnapped her for the last 3 months of her life and I didn't even get to be with my wife in her last hours. Not only that, he is holding our truck, safe with personal paperwork, family heirlooms, tools, equipment, and our... View More

Joseph Jaap
Joseph Jaap
answered on Jun 10, 2020

You can file with the probate court to administer her estate. Use the Find a Lawyer tab to retain a local probate attorney to review all the facts and advise you of your options. But don't delay, or a lot of things could go missing.

2 Answers | Asked in Probate for Ohio on
Q: My Grandpa's will states that he left me his house, can the executor take the house and sell it to pay his debts?

Can the house be taken and sold?

Joseph Jaap
Joseph Jaap
answered on Jun 9, 2020

Yes, the assets of the estate can be sold by the executor with the approval of the probate court to pay valid claims and debts of the estate. In some cases, the debts exceed the assets, and the heirs and beneficiaries get nothing. With proper estate planning, a person can ensure that a house goes... View More

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1 Answer | Asked in Probate for Ohio on
Q: My Grandpa left his house to me in his will, there's no executor can I lose the property?

Can the appointed executor change his will or take the house from me?

Nina Whitehurst
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answered on Jun 9, 2020

No, an executor may not change the will. However, the executor sometimes has to sell assets to pay the decedent's debts. You should hire a probate attorney to represent your interest in the matter.

1 Answer | Asked in Probate for Ohio on
Q: My grandmother died and I received notice of probate of will. I am checked as a legatee or devisee named in the will.

The case is now closed and I have never heard anything else should I do something?

Mary Ellen Leslie
Mary Ellen Leslie
answered on Jun 6, 2020

I suggest that you call the attorney for the estate. You might be able to access the estate file on the website of the Probate Court where the estate was filed. You should have received notice of virtually everything that was filed, including the final account and fiduciary's report.

1 Answer | Asked in Criminal Law, Probate, Family Law and Child Custody for Ohio on
Q: I called my sons mothers probation officer because she is drinking doing drugs driving without a license and has guns

She has left the state now for a month to avoid failing her drug test. Will i look bad when i go for custody if i call them again to let them know she left the state? I only do this because in her care my son goes without regular food, baths and enough sleep he is almost 2 its heart breaking. He... View More

Joseph Jaap
Joseph Jaap
answered on May 29, 2020

File for custody. Use the Find a Lawyer tab to retain a local family law attorney.

2 Answers | Asked in Probate for Ohio on
Q: My mother in law going to recieve a substantial amount of money and a house through inheritance. Can she move into

the house now or does she have to wait. Mother-in-law sister died 3 weeks ago and left her the house

Mark Martin Turner
Mark Martin Turner
answered on May 26, 2020

As a general answer, the Estate owns the house. The executor of the Estate could permit her to move in but does not have to until title transfers. If I were advising the Executor, I would not have a problem with her moving in so long as none of the other heir's objects and she takes over... View More

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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Can I be trespassed from land that my deceased father's mobile home and belongings are on and all left to my mother?

My Father passed away and him and my mother were owners of a mobile home on land owned by my father's parents. My mother, siblings, and I have been trespassed from the property. So we can not get his belongings or any other property he owns from there left to my Mother. Can they actually do... View More

Joseph Jaap
Joseph Jaap
answered on May 26, 2020

It seems they already have done it to you. But whether or not what they did was legal, depends on all the facts. Use the Find a Lawyer tab to retain a local attorney to review all the facts and advise you of your options.

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Attorney is stuck out of country with no other attorney in office to handle my Mom's estate. She was decease 4/12

. We cannot get ahold of him only through secretary. He won't tell us anything about her will or what is going on. His secretary just tells us to give up house keys. There is no debt. Money was all POD. Only thing left is house and car. I'm feeling like there should have been someone else... View More

Mark Martin Turner
Mark Martin Turner
answered on May 18, 2020

First off, I don't fully know the situation with your Mom's attorney and I am not trying to step on anyone's feet. However, you are not required to use the attorney who has the will to open the Estate. You can use any attorney or at least any attorney that practices in the probate... View More

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1 Answer | Asked in Probate for Ohio on
Q: Can someone still continue being on probation for being an “unruly” child after the age of 18? If so , why?

My friend has been put on probation for being an “unruly child” , he wants to know if it’s possible to be still on probation after he turns 18 if he isn’t considered to be a child anymore ?

Aaron Epling
Aaron Epling
answered on May 4, 2020

You should re-post this in another section. Maybe "Family Law"

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Ohio on
Q: my father has died. is it necessary in the state of Ohio to have an attorney in order to sell his home.

i have an attorney but am considering firing him. i just want to know what my options are for selling the home and resolving his estate. i have been appointed the executor by the court already.

Joseph Jaap
Joseph Jaap
answered on Apr 29, 2020

It is not necessary to have an attorney, but if you are the executor, and make mistakes, you could be legally and financially liable. Talk with your attorney about the situation. Or use the Find a Lawyer tab to talk to other local probate attorneys.

1 Answer | Asked in Probate for Ohio on
Q: To probate $45,000 condo that has mortgage, by Ohio law do I have to inform the mortgage company that my aunt has died?

My aunt died 02/01/2020. Her disabled son still lives in the condo and makes $900/month. He has been paying the mortgage for almost 2 years. She still owes around #35,000 on the condo.

Nina Whitehurst
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answered on Apr 28, 2020

You have two processes that need to take place. First, you need to contact a probate attorney to help you probate your aunt's estate. That will enable the transfer of the house (and any other assets of hers) to her heirs at law (if she has no will) or her devisees (if she has a will).... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Ohio on
Q: My grandparents passed away recently & verbally told me items they wanted me to have when they died, however, I don’t

know if I’m in the will, or if there even is a written will. My father has refused to let me see a copy of the will, so I’m assuming there is one, & has told me that there were bonds left to me from my grandparents. He has used the bonds to try to control when I come to visit him, & if... View More

Joseph Jaap
Joseph Jaap
answered on Apr 23, 2020

If you don't feel comfortable unless there are lawyers involved, then retain a lawyer to review the situation and advise you of your options. Use the Find a Lawyer tab to retain a local probate attorney who can check the probate records to determine if a will has been filed or if probate has... View More

1 Answer | Asked in Criminal Law, Real Estate Law and Probate for Ohio on
Q: Child’s father past and then his mom left his heirs his inheritance but siblings haven’t sent it it’s been 7 years

Family sold all property to liquidate property and was suppose to send there inheritance to them they never did from Porto Rico

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2020

After seven years it is likely that the statutes of limitations on this have expired. If he deceased in Puerto Rico then you need to consult with an attorney licensed there to give you a better answer. Can you provide a little more information on this? Is the mother still alive?

2 Answers | Asked in Probate for Ohio on
Q: Hello my mom just passed away april 3 and I am next to kin are beloved family home of over 50 years was in her name

she was married so how would this go in the state of ohio if I want to put house in my name can I legally do this or can not because of her husband I need help with this process and if there is any other information that can help me thanks

Anthony C. Satariano
Anthony C. Satariano
answered on Apr 10, 2020

There are a lot of factors that will be in play. To answer your question as simply as possible, you cannot just put the house in your name right now.

First, how the property is specifically deeded will be crucial. If it is deeded jointly with her husband with survivorship language, then he...
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