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Ohio Probate Questions & Answers
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?
T. Augustus Claus
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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

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: My mom passed away in December. Nothing of value in her name. Received a claim against her estate. Not sure what to do

She does have a bank account with maybe $600 in it. I have not done anything to get access to this account. I also did not file her taxes. Looking for guidance or at least to be pointed in the right direction to a lawyer who can assist.

Andrew Popp
Andrew Popp
answered on Apr 22, 2023

If you want to try to settle her estate you likely will need to open up a probate case. The person appointed to be the administrator / executor has the legal authority to settle debts, file taxes, etc. on behalf of the estate. Keep in mind that most creditors must present their claims against the... View More

2 Answers | Asked in Probate for Ohio on
Q: Ohio resident dies intestate/no will

Ohio resident had no spouse or children. Resident's parents are deceased and has siblings. One sibling legally disclaims entire estate. Do the children of the disclaimed sibling have a legal claim or would the entire estate go to the remaining siblings of the deceased?

Andrew Popp
Andrew Popp
answered on Mar 29, 2023

Without going into a more detailed analysis, I can tell you that the heirs at law pursuant to Section 2105.06 of the Ohio Revised Code would control where the assets went. The link is below. I would encourage you to sit down with a qualified probate attorney to ensure the estate is handled... View More

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1 Answer | Asked in Family Law and Probate for Ohio on
Q: My parents made changes to their will and signed and had this witnessed leaving me their house.

My parents made a change to their will leaving me their home. This was signed by them and had two witnesses. My parents died a few days apart from Covid. The probate judge has had their will for over 2 years and says he never seen this. Now my attorney has to file a case law. I’ve been living in... View More

Aaron Epling
Aaron Epling
answered on Mar 20, 2023

Even if the will says that you get the house, and assuming the house is going through probate, the judge can force the sale if the estate has creditors or other beneficiaries with interests that cannot be resolved without selling the house. I advise you to ask the attorney whether s/he represents... View More

1 Answer | Asked in Probate for Ohio on
Q: What do I need to do to have a will in summit County,Ohio probated in Alabama?
Andrew Popp
Andrew Popp
answered on Mar 7, 2023

I encourage you to sit down with a probate attorney. The first question I would ask is why are you seeking to probate the Will? What are the assets, where was the primary residence, were they set to pass through another testamentary mechanism?

At a basic level, if you are looking to find...
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2 Answers | Asked in Probate for Ohio on
Q: What happens when a surviving spouse dies and assets are found from deceased spouse.

Hello my mother was a surviving widow and has now passed away. She died with a will, and left everything to her surviving children. Financial assets have been discovered from my dad who died prior to my mom and without a will. He had other children from (previous marriage) and not all of us... View More

Joseph Jaap
Joseph Jaap
answered on Mar 7, 2023

A family member will have to apply to the probate court to be administrator of your father's estate. The administrator of his estate will then divide the newly-found assets, first to your mother as his surviving spouse at the time of his death, and then any remainder divided between his... View More

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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: What happens if heirs refuse to sign waiver of notice because of stepmother is petitioning for administrix?

My father-in-law passed away and my husband and his brother and sister don't get along with their stepmother. We received a waiver of notice from our local Ohio probate court listing the stepmother as administrix of my father-in-law's estate since he passed without a will. They don't... View More

Andrew Popp
Andrew Popp
answered on Mar 2, 2023

If you don't sign the waiver of notice, then the applicant must send you formal service of process to notify you of the application to administer the estate. You will get a hearing date and have the opportunity to voice your concerns to the judge.

All in all, it sounds like you may...
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1 Answer | Asked in Identity Theft and Probate for Ohio on
Q: Are fiduciaries legally bound to informing the beneficiary/sol heir about everything pertaining to after a death

I'm almost positive that my inheritance was stolen along with a motorcycle and house by means of forgery/fraud since I was not present due to incarceration but I know that things don't add up at all with what he told me up until his death. Im positive a Harley title was forged out of my... View More

John Michael Frick
John Michael Frick
answered on Feb 10, 2023

Yes, your fiduciaries (ie your personal attorneys, accountants, stockbrokers, holders of your signed POAs) have a duty of full disclosure.

In a probate scenario, where you claim to be the sole beneficiary and other family members may have helped themselves, those other family members are...
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