Lawyers, Answer Questions  & Get Points Log In
Ohio Probate Questions & Answers
2 Answers | Asked in Real Estate Law, Probate and Estate Planning for Ohio on
Q: My dad died and left me his house.. My mother is trying to take it.. Will she get it??

My dad just died on the 23rd of this month.. He left me his house and called his attorney to put it in the paper work.. My mother left him.15 yrs ago n now sleeps with and lives with another man..my dad really didnt want her to have anything.. The last 2 yrs of his life im all he had.. My husband... Read more »

Joseph Jaap
Joseph Jaap answered on May 27, 2021

If your father did not complete the paperwork to transfer the house to you, then as his spouse, your mother could inherit the house. She could file to handle his estate in probate, and could evict you and your husband. Talk to your father's attorney to find out what paperwork there is, or... Read more »

View More Answers

2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Ohio on
Q: I lived with this man for 27 years and he just passed away his daughter is trying to take the house can she

My son is still living in the house we had it up for sale and his daughter wants us out and take it from me can she do that

Joseph Jaap
Joseph Jaap answered on May 24, 2021

If he did not have a will giving you the house, or if you are not a joint owner on the deed, or if he did not record a transfer deed or affidavit for the house giving it to you, then the house would likely pass to his spouse or children according to Ohio law. The heirs can file to open his estate... Read more »

View More Answers

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Probate for Ohio on
Q: In a case where the plaintiff, a beneficiary, filed against the new co-trustees since the original trustee resigned upon

Breach of duty since an accounting had never been provided in 1st trust of several yrs the 2nd trust also. The B O Duty against the orig trustee was asking for accountability of missing assets was denied in the hearing since the trustee resigned. The co-trustees in turn sold property of the trusts... Read more »

Andrew Popp
Andrew Popp answered on May 24, 2021

I'm sorry you're having to deal with this. On review of your facts, I do not see a question being asked. Trusts were originally based on the law of contracts. While some statutes govern general principles of Trust management etc., the specific provisions of the Trust can sometimes... Read more »

2 Answers | Asked in Probate for Ohio on
Q: My mom passed no will. Her house was in a reverse mortgage She has little money in frozen bank acct. What do i do?
Joseph Jaap
Joseph Jaap answered on May 14, 2021

If the mortgage exceeds the value of the house, then the bank would get the house. There might not be anything for you to do. Use the Find a Lawyer tab to retain a local probate attorney to review the situation and advise you if you need to do anything.

View More Answers

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: What type of documents would I need to appoint a guardian if I were to pass away? I am a single mother father is abusive

Would I need an attorney for these documents? What type of documents would uphold in court? How can I avoid guardianship going to my daughters father who has a long history of domestic violence towards myself and another female?

Joseph Jaap
Joseph Jaap answered on May 13, 2021

Your will can nominate who you want to be guardian of your children. But the probate court appoints the guardian.

The will gets submitted to the probate court. The court holds a hearing to determine guardianship and determines who will be the guardian based on all the testimony and...
Read more »

View More Answers

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: My dad lived in Ohio died in September and owned a house with my stepmother and there is no will, who gets what?

He owned a house with my stepmother and both of were on the mortgage, there is no will he has 3 children and she has 6 children.

Andrew Popp
Andrew Popp answered on May 11, 2021

It depends on how title was held for the property in question. If they were joint owners with rights of survivorship, then the stepmother gets the property. If not, you're stuck going through probate. Without a Will the Ohio Revised code dictates who gets what. (O.R.C. 2105.06)... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Ohio on
Q: Estate buyout agreed upon in Ohio. How long before payment?

Hello,

I have recently entered into an agreement through the courts in Ohio to allow for the other Beneficiary of a house that was left to me in an Estate to buy me out. This person continues to live in the house. The judgment was signed by the judge on April 1st, this year, 2021. The... Read more »

Joseph Jaap
Joseph Jaap answered on May 4, 2021

Check the court order for timing of payments. Then talk to the other beneficiary or the attorney to work it out, or use the Find a Lawyer tab to retain a local attorney to assist you.

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: My dad passed away and my step mom and step siblings took everything and left me and my brother (his biological children

My stepmom is terminally ill, has treated me and my brother poorly our whole life, has been transferring my dads items into their names over the years. My dad committed suicide and it’s still under investigation, not sure if he really did it, my stepsister and boyfriend found him. Cops didn’t... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 11, 2021

If your dad had no will, then you stand very good share of inheriting a portion of his estate. You should hire a local probate attorney to help you assert your right of inheritance.

View More Answers

1 Answer | Asked in Probate for Ohio on
Q: My niece got POA over 1 month ago. I requested she pick up secured vehicles. Her lawyer says it's my responsibility to

deliver to her. She said she will call police and say I stole it. This is crazy. Can I charge for storage?

Andrew Popp
Andrew Popp answered on Apr 7, 2021

I'm sorry, it's unclear as to what exactly is going on in your situation. A power of attorney gives authority for your named agent to take action on your behalf when the preliminary conditions have been satisfied. It does not change or alter the legal rights or responsibilities of the... Read more »

1 Answer | Asked in Probate and Estate Planning for Ohio on
Q: Bio dad and stepmother live in Ohio. I, bio daughter, live in Canada.

My brother is the executor and my stepmother is POA. My father has dementia and my stepmother is unwell physically. My stepmother is refusing to give me end of life decisions or preplanned funeral information on my father. She states it is none of my business or it has nothing to do with me. Do I... Read more »

Andrew Popp
Andrew Popp answered on Mar 31, 2021

These are all good questions. In short, you only have the "rights" your father chooses to give you. Has your father been adjudicated mentally incompetent, or does he still have the ability to manage things for himself. In Ohio, there is something known as a Declaration of Disposition... Read more »

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: If a person had a bank as their rep. and also had them in the will, is the bank responsible for things after they pass?

Mother in law passed. She had her bank as her personal representative. She also had them in her will. The bank is now saying that once she passed, the personal representative goes away. The bank states they will handle everything, but they want $1,500.00 for the bank and their attorney to handle... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 25, 2021

A family member will have to file her will with the probate court and apply to be executor to administer her estate to get access to the funds. Use the Find a Lawyer tab to retain a local probate attorney who can review her will and the facts of the situation, and advise you what to do. The... Read more »

View More Answers

1 Answer | Asked in Probate for Ohio on
Q: if some 1 pass away and kids stop paying on house and dont want it, and its in probate how do you buy the house

the house is not in foreclosure

Andrew Popp
Andrew Popp answered on Mar 19, 2021

The answer depends on a number of additional factors. What is your relation to the deceased? Is there a Will? Are there outstanding debts owed by the deceased? Are you a named beneficiary or heir? There is a specific procedure for land sales in the probate process. If, and how you can acquire... Read more »

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: As executor of the will, along with my brother. When everything is final, do they send a certified check to me and my si
Joseph Jaap
Joseph Jaap answered on Mar 15, 2021

A person named to be executor in a will, must file the will in the probate court in the county where the deceased was a resident or where the deceased died, and must apply to the court to be legally appointed as executor. After the court appoints the executor, the executor then must file an... Read more »

View More Answers

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: My Dad passed away in Ohio, I live in WV. Do I have to go to Ohio to get my inheritance?
Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 12, 2021

You don't have to physically go there, but you do have to open up a probate case in the county where your dad either resided or passed away. Contact a probate lawyer in that county who can act as an administrator of the estate to ensure you are distributed your inheritance.

View More Answers

3 Answers | Asked in Probate for Ohio on
Q: In Feb 2021, I received a letter from a financial firm looking for relatives of an uncle who passed in 2015. What now?

My uncle passed in early 2015, divorced for decades with no children and no will. The only direct relatives left are a few cousins, of which I am one. The estate went to probate during that same year with all his assets liquidated to pay outstanding debts. The city took ownership of the house... Read more »

Aaron Epling
Aaron Epling answered on Mar 5, 2021

If its already been to probate, then it probably doesn't need to go again. This could be unclaimed funds. But, a court may still be needed to order who the funds are distributed to. This can get complicated. I suggest getting an attorney. If the statements are legit, you can certainly... Read more »

View More Answers

2 Answers | Asked in Estate Planning, Banking and Probate for Ohio on
Q: my mother passed away with no will or anything. I am her only child, she did not remarry.

She passed away suddenly and I have the paperwork printed out, but need to know the easiest route to close her bank account, and switch the title to her truck into my name.

Beverly A Stull
Beverly A Stull answered on Mar 3, 2021

I am sorry for your loss. If your mother's name was the only one on the bank account and the truck, you will need to open a probate estate. There are 3 different sizes of estates, based on the value of the probate assets. You should check the website of the probate court of the county where... Read more »

View More Answers

2 Answers | Asked in Probate for Ohio on
Q: My father passed away in April 2020. His estate was filed into probate in August 2020. I am one of the beneficiaries.

There were 2 properties listed in probate. A house and 5 acres of empty land. The house sold and the buyer paid and it closed on February 12, 2020. The 5 acres of empty land still needs to be sold, property taxes are $400 per year and that has already been paid for 2020. There are no other expenses... Read more »

Andrew Popp
Andrew Popp answered on Feb 24, 2021

The short answer is that you may not be able to get the proceeds right now. Probate can be a long complex process lasting multiple years if issues arise. Proceeds from the sale of the real estate will be subject to claims against your father's entire estate and is not just limited to... Read more »

View More Answers

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: My deceased father was the beneficiary of the policy but,as I stated I believe since my sisters was given power of

Over his estate does the mean she becomes the beneficiary or am I entitled to it

Andrew Popp
Andrew Popp answered on Feb 23, 2021

I'm sorry, your question seems to have been chopped up a bit. You may need to sit down with an attorney as there are some critical factors missing. What type of policy was he the beneficiary of? Did he ever receive any benefit from the policy? Power of attorney is not the same as being the... Read more »

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Do both parents of a jointly owned house need to be probated? Mom died 2012. Dad names me sole heir in the will in Ohio.

Both were on title. Mom was never probated. Mom had a very old will that was not updating leaving the house to dad than me. Dad is very sick and might die soon. I live in this property full-time as a caregiver and POA. We live in Ohio. Mom's debts were all paid off. Dad's estate may or... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Feb 21, 2021

If the deed was held as "joint owners with rights of survivorship" then only one probate is needed. Otherwise, two probates are needed.

View More Answers

1 Answer | Asked in Business Law, Contracts, Landlord - Tenant, Estate Planning and Probate for Ohio on
Q: Is my mom responsible for payment of a business lease if she is not on it? Dad died, no will, landlord wants a yearof $

My dad signed a 2 year business lease on 1-19-2021. He passed away 1-31-2021. He leased for 30 years from the landlord, was never late with his payment and now the landlord wants my mom to pay him a year's worth of rent to end the lease. She was never on the lease. They were married for 60... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Feb 16, 2021

If your mom is not a guarantor or co-signer then she has no liability to the landlord and should not pay anything.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.