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Ohio Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Does the wife need to file a will and/or ask for summary release from administration in Ohio for a very small estate?

My husband died three weeks ago, leaving a will with me as sole beneficiary and executor. Cremation is fully paid for, and there are no children, no previous marriages, his family are all deceased. My husband's house has already been transferred to me by a Transfer on Death affidavit, so no... View More

Beverly A Stull
Beverly A Stull
answered on Feb 4, 2024

ProSeniors is correct. From your description, the only asset you would have to probate is the $40 bank account and it would cost more to probate it than it is worth.

1 Answer | Asked in Probate for Ohio on
Q: I have a question about a car title with rights of survivorship

My stepfather left me his vehicle before he passed but it is in his and my mother's name with the word and in between and wros at the end. She passed away before he did and he never changed the title to just his name but he signed his name before he passed. Was he supposed to sign her name to... View More

Aaron Epling
Aaron Epling
answered on Jan 26, 2024

Unless there's a beneficiary on the title, the car will have to be probated. Your stepfather's next of kin are entitled to the car. If they were all willing to assign their interest to you, then you could get the car.

2 Answers | Asked in Real Estate Law, Collections, Health Care Law and Probate for Ohio on
Q: Hello. I'm wondering is there a statute of limitations for a property title lein in the state of Ohio?

I have a property i recieved through probate that my parents once owned. I had to settle their debts first (tax lein and medicaid lein). Probate closed over a year ago but now I an finding out I have "encumbrances" attached to the title of my property. One in particular is from a nursing... View More

Aaron Epling
Aaron Epling
answered on Jan 12, 2024

I've never heard of anybody getting out of paying the Medicaid claim by waiting for the statute of limitations to run.

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1 Answer | Asked in Estate Planning, Landlord - Tenant and Probate for Ohio on
Q: My father passed away in early November 2023. I've filed with the probate court to be named administrator. What else?

theres another sibling involved who is still residing in the home and I need them out. Water and electricity are shut off and it is uninhabitable. How do I get them out of the house? What are my next steps?

Andrew Popp
Andrew Popp
answered on Dec 20, 2023

Here in Ohio the answer depends on a number of factors. Being appointed the administrator of the estate is a good first step. If the sibling has established residency you may need to commence eviction proceedings to get them to leave.

All in all, I recommend sitting down with a qualified...
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2 Answers | Asked in Estate Planning, Family Law and Probate for Ohio on
Q: Guardianship of a minor and estate if one parent died, and the other lived I can't see the whole case? Court has no info

My dad died when I was a month old. His wife, my mom lived. In the county court there is no information at all except guardianship of a minor and estate but that is all it says. He was the incorporator and he started a business that is extremely successful today and ran by my mom's family. My... View More

Aaron Epling
Aaron Epling
answered on Nov 21, 2023

You need to talk to a local attorney for help. I recommend Trent Stover in Sidney, OH.

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1 Answer | Asked in Family Law, Foreclosure, Real Estate Law and Probate for Ohio on
Q: Can I sue the co-owner of a property for refusing to sell now that the property has been reverted to beneficiary?

Family member passed away and we inherited a percentage of this property. Other family member who inherited percentage of the property was living in it and refused to move or sell the house when we had a buyer. The property was foreclosed on because they did not pay the mortgage. Property went to... View More

Aaron Epling
Aaron Epling
answered on Nov 1, 2023

You probably need to file a partition action to force the sale. Except, the mortgage company may beat you to forcing another sale. A partition action can take months (or years) before you reach the end. I recommend you find a real estate attorney to advise you what your rights are.

2 Answers | Asked in Estate Planning, Family Law and Probate for Ohio on
Q: My grandmother died and still had my dad who passed away listed in her will. Will I inherit his share of inheritance?

Will his share be divided between his other siblings? Since they are also listed on the will. I’ve seen mixed answers online.

Aaron Epling
Aaron Epling
answered on Oct 18, 2023

The language of the will is critical here. Does it address a predeceased child? If not, then R.C. 2107.52 will apply.

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1 Answer | Asked in Foreclosure and Probate for Ohio on
Q: My brother named me as trustee of his estate. Am I required to act as his trustee or responsible for any of his debts?

His house is being foreclosed on. I have no interest in his estate. He is divorced so neither does his ex-wife and his only son is a minor. His mortgage company and the county court keep sending me foreclosure documents and demand payment of his mortgage. I sent his son's attorney a letter... View More

Aaron Epling
Aaron Epling
answered on Oct 17, 2023

You are not required to accept the duties and obligations of trustee. To the extent that you have accepted the duties and wish to resign, I recommend obtaining counsel.

1 Answer | Asked in Probate for Ohio on
Q: Executor/successor trustee is maintaining accounts for own personal use, 18 months after closure of estate and more

than a year after trust settled. The trustee was an equal co-beneficiary. Has claimed that all accounts are closed. Respective attorneys apparently have accepted that assurance. Trustee has ignored repeated requests from fellow beneficiaries for closing statements - requests beginning more than... View More

Aaron Epling
Aaron Epling
answered on Aug 30, 2023

What is the issue here? Are you concerned that the trustee didn't distribute all the money? If so, this would be alarming. But, if you're concerned that the trustee has kept a checking account open after all money has been distributed, and is using the account for personal reasons, then... View More

1 Answer | Asked in Probate for Ohio on
Q: If my mom had a life insurance policy how would I find the company who holds it?

Mom died and family is engaging in probate fraud deception around it. Acting like they need me out of the way the wrangle something. How do I find these kinds of assets?

Aaron Epling
Aaron Epling
answered on Aug 7, 2023

There's no central database that I know of, so we take these on a case-by-case basis. But, you can do things, like forwarding mail, pulling tax returns, and pulling bank records, to help you along.

2 Answers | Asked in Probate for Ohio on
Q: My sister passed away in 2020. She had a large sum of money in the bank and no will. Is it too late for probate?

My sister passed away in 2020. She had money from a settlement in the bank. She had 3 children and no will. Is it too late to file with the probate courts for her children to get the money? Am I able to do it for them? I'm in the Akron area, but she lived in the Cincinnati area.

Aaron Epling
Aaron Epling
answered on Jul 14, 2023

It is not too late. Any Ohio resident can apply to the court to administer the estate. I recommend having the estate pay for an attorney.

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3 Answers | Asked in Probate for Ohio on
Q: What's after Judgment Entry Approving Inventory? And will there be another court date?

I have a lawyer but he has not responded to any of my messages since April. So I don't know what's going on.

Jeffrey J Ferguson
Jeffrey J Ferguson
answered on Jul 5, 2023

A judgment entry approving Inventory is the courts authentication of what has been presented to the court as actual assets and their accepted value by the court. Another hearing is likely for the termination of the estate.

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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: What's the next steps after Judgment Entry Approving Inventory
Aaron Epling
Aaron Epling
answered on Jun 28, 2023

Generally, you need to pay the administrative costs, creditors, taxes, and beneficiaries, and then file a final account. Be careful...you could be personally liable if you don't do it right.

1 Answer | Asked in Probate for Ohio on
Q: Hi I’m trying to finalize my mothers probate estate paperwork and im getting told this is to messy. I need help please!

I’ve went through all the steps did all the foot work now it won’t be accepted and other than it’s messy idk where to go for help. I just want this to be over !

Aaron Epling
Aaron Epling
answered on Jun 26, 2023

I understand your frustration. The best way to get it over is to hire an attorney to help file the final account. This can help get it over with and also help make sure you don't run into any problems in the future. See the Find A Lawyer tab.

2 Answers | Asked in Probate for Ohio on
Q: I am an only child do i have any rights after moms death if there was a surviving spouse that is not my father

The surviving spouse has dementia and I don't believe there was a will

Seth Meyerson
Seth Meyerson
answered on Jun 12, 2023

If mom is unmarried and you are her only child then you are the only heir under intestate law (no will)

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1 Answer | Asked in Probate for Ohio on
Q: How do you do a transfer on death in Ohio if the person is already dead he told his girlfriend to start it but he died

I am talking about my dad he had a will when him and my mom were together but they're divorced so the will doesn't state any items specifically just said it would go to me and my brothers

Aaron Epling
Aaron Epling
answered on May 24, 2023

The will probably results in you and your sibling(s) getting the house. A transfer on death affidavit must be recorded prior to death to be enforceable. If you're in Central Ohio, I'd be happy to look at it for you.

1 Answer | Asked in Probate for Ohio on
Q: The case number that I have received on my documents does not show up in the public access records. It’s a 2023 case

Was started in march im just wondering what is the reason a case number wouldn’t show up on the county website? For probate hearing.

Aaron Epling
Aaron Epling
answered on May 18, 2023

Depends on the court and the formatting requirements. Try searching by name instead of case number.

1 Answer | Asked in Probate for Ohio on
Q: Does a probate attorney notify beneficiaries of final court closings on a estate?

After signing notice of appraisal, to only be informed at final disposition.

Aaron Epling
Aaron Epling
answered on May 1, 2023

As a beneficiary, you are entitled to notice of the various stages of the case. You may also waive your right to those notices...and this is commonly done. If you have a copy of every document you signed, look them over.

1 Answer | Asked in Probate for Ohio on
Q: I paid my step mother for the difference of my father’s funeral, can I have her contact information removed and mine add
Aaron Epling
Aaron Epling
answered on Apr 21, 2023

Not sure what you're asking about. I'm in Columbus. Feel free to call.

1 Answer | Asked in Probate for Ohio on
Q: Best probate option when siblings agree and parent only owns an older double wide and a truck that needs junked?

Our father passed away without a will. My sister and I agree on everything. The double wide is only worth about $20,000 and truck junk price. We still do owe $6500 on funeral costs and he was on Medicaid for 3 months in the nursing home.

Aaron Epling
Aaron Epling
answered on Apr 19, 2023

Medicaid could have an interest in the estate. But, you should be able to get paid the funeral costs back at a minimum. Give us a call and we can help.

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