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Ohio Probate Questions & 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? The attorney is Lisa Summers in Geneva.

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 »

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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 »

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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.

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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 »

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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 »

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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 »

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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.

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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.

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: I need a certificate of heirship for my great grandmother died in Ohio . She wasn't probated. What documents do I need?

She had 3 sons and two daughters. My grandfather was one. He died and it went to his wife, my grandmother then to her children, two aunts gave me their share. I only need to prove heirship to my great grandmother I have the rest. Thank you

Andrew Popp
Andrew Popp answered on Feb 16, 2021

Who are you trying to prove heirship to? In Ohio determination of heirship is governed by Chapter 2123 of the Ohio revised Code. An action would need to be filed with the probate court to initiate those proceedings. It also may depend on what assets you are seeking to obtain. Assets that pass... Read more »

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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: My father passed away his bank account beneficiary is his ex-girlfriend but he said in his will im the beneficiary100%of
Nicholas P. Weiss
Nicholas P. Weiss answered on Feb 16, 2021

The bank beneficiary designation will govern and that money will not go through probate.

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: My father passed away his bank account beneficiary is his ex-girlfriend but he said in his will im the beneficiary 100%

They havent been together for years and i was juss wondering what i do about the account he put in his will that i get 100% of his belongings juss wanna kno wat i have to do

Joseph Jaap
Joseph Jaap answered on Feb 15, 2021

Good illustration of why beneficiary designations should be reviewed and updated frequently. The bank account beneficiary designation requires the bank to disburse that money to the beneficiary. That money is not part of his probate estate, so it is not controlled by his will. It goes to the old... Read more »

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3 Answers | Asked in Probate for Ohio on
Q: My mom passed, only had joint checking with me, only adult child. Is probate needed? She has a small unsecured personal
Andrew Popp
Andrew Popp answered on Feb 9, 2021

The short answer is maybe. If the checking account was jointly owned with rights of survivorship it will not need to go through probate in order for the account to be transferred into your name. The other thing to keep in mind is that creditors have 6 months from the date of passing to present a... Read more »

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Is the family to Pay the nursing home debt of the passed client.. With no Medicaid assistance I am POA of Medical only
Joseph Jaap
Joseph Jaap answered on Feb 4, 2021

All POAs terminate with the death of the person who granted the POA. The debt to the nursing home is a debt of the deceased's estate. The family has no obligation to pay it themselves. The nursing home must file a claim against the estate within 6 months after the date of death, and if the... Read more »

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4 Answers | Asked in Probate for Ohio on
Q: My father passed away july 2020. after living with us for 15 yrs. We built onto our home for him to have his own area.

He paid 60,000 of the add on and we paid the rest. He was never on any mortgage, taxes or insurance. He lived here for free and now my brother thinks I should have to pay him 1/3 of what my dad paid to the build 15 yrs ago. There are 3 of us children. Also, I was on all his checking and savings and... Read more »

Aaron Epling
Aaron Epling answered on Jan 21, 2021

From a legal perspective, you don't owe your brother anything. If your father truly wanted your brother to inherit anything, then he should have named him as a beneficiary on the bank accounts and automobile. If he wanted your brother to get 1/3 of the 60k, then he should have had you sign a... Read more »

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1 Answer | Asked in Probate for Ohio on
Q: Grandpa passed his wife is in control of everything but is in nursing home does her poa make all decisions for him

They have a will together. He just passed January 17 2021 with her being in nursing home we need her approval for everything. Her poa lives in Texas and flew in for a couple days. His (grandpa) daughters have been with him everyday. My question is does her poa have control of his matters

Aaron Epling
Aaron Epling answered on Jan 18, 2021

Her POA certainly does not have authority over Grandpa's estate. But, her POA would have control over anything that Grandpa left his wife. Grandpa's will may nominate an executor and the executor can handle his estate; or his next of kin if no will. You may need to speak to a probate lawyer.

1 Answer | Asked in Probate for Ohio on
Q: My father passed recently and I am an adult child born out of wedlock. Am I included in probate?

My Dad isn't named on my birth certificate. My siblings pretend I'm not alive and I would like to be able to have some of his personal things. Can I legally make them include me before they separate his belongings up amongst themselves? I'm not seeking financial gain just pictures,... Read more »

Aaron Epling
Aaron Epling answered on Jan 16, 2021

Your father's personal belongings pass to those named in his will. You don't have a claim to them if you're not named in his will. If he doesn't have a will, then it gets complicated as to whether you are entitled to part of his estate and you would need to have a conversation... Read more »

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