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Ohio Probate Questions & Answers
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 »

2 Answers | Asked in Contracts, Estate Planning and Probate for Ohio on
Q: Is a will valid if the executor is dead and the minor children listed as beneficiaries have since become adults?

About 30 years ago, my father, who recently passed away, created a will listing my grandmother as executor and me as guardian of estate along with my supposed half-brother. My grandmother passed away 13 years ago, I am in my mid 30s, and my supposed half-brother just turned 30. Would his will from... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Dec 26, 2020

The will is still valid.

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2 Answers | Asked in Estate Planning, Military Law and Probate for Ohio on
Q: How are heirs determined for a deceased person who passed without a will?

My father recently passed away. On paper, I am his only child. He and my mother were married when I was born and he is listed on my birth certificate. When I was in 5/6, he was dating a woman who was separated from her husband. This woman became pregnant and had a son that she claimed was my... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Dec 26, 2020

You will need to speak to an experienced probate attorney licensed in the state where the decedent lived. Probate law differs from state to state and you are requesting information on a very specific set of facts pertaining to an individual’s right lay claim to the estate. Only someone familiar... Read more »

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3 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Is there a penalty if no one steps up to go through probate court for someone who just passed away? There was no will.

The only asset was a bank account (no house, no car, no physical property of value) and the debts are known to be greater than the amount in the bank account and there was no will. There are younger adult children and they don't see the point in spending the time, money, and energy going to... Read more »

Aaron Epling
Aaron Epling answered on Dec 22, 2020

No!!! Don't give up. Ohio has a statute of limitations on claims against an estate. The person who paid the funeral or the next of kin could wait 6 months and get a court order to release the money. It is usually a fairly simple process. You could also get an attorney to do all of it for... Read more »

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1 Answer | Asked in Elder Law and Probate for Ohio on
Q: My dad died in OH. He was in a home paid for by Medicare. His home was sold in a tax sale. Is the Medicare lien expired

He died in 2008. His home was sold in a tax sale and Medicare was paid very little. We recently were informed by a distant relative that he is part owner of a property left by another relative in another state and they want to sell. Will we need to pay the Medicare lien with the sale of that... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 17, 2020

Medicare does not pursue estate recovery for benefits paid. It is considered an “entitlement” benefit that is earned by taxes paid during working years and premiums paid after enrollment.

2 Answers | Asked in Probate for Ohio on
Q: My fathers trust is sole beneficiary of his estate. So why would the attorney file my fathers estate in probate?
Aaron Epling
Aaron Epling answered on Dec 17, 2020

Probate is necessary to transfer title on an asset that was not put into the trust in advance. For example, an individual checking account could be re-titled into the trust or it could have the trust as a beneficiary. But, if neither of those options are done in advance, then probate is necessary... Read more »

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3 Answers | Asked in Probate for Ohio on
Q: My father’s widow is stating he left no will and she’s not speaking to any of his family. What can I do?

My father married 1 month before he passed from cancer in OH. He was heavily medicated in the last few months of his life. The girlfriend has stated he left no will and refuses to speak with anyone in the family about his estate by saying that’s between her and her husband. I’m his child from a... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 14, 2020

Instead of listening to what "everyone" says, or his new wife, or asking on-line, use the Find a Lawyer tab to retain a local probate attorney who can consider all the facts of the situation and advise you and your family about your options. Maybe the new wife exerted "undue... Read more »

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4 Answers | Asked in Probate for Ohio on
Q: Can you cash a check made out to estate without going through probate

The person has a small estate. And there was a small check from the nursing home made out to his estate for return of rent that he did not use because of death

Jeffrey J Ferguson
Jeffrey J Ferguson answered on Dec 12, 2020

Once a person dies all checks made out to the estate would require an estate account for a bank to process payment. With out proper estate filing in the jurisdiction no estate account can be opened.

You will want to consult a probate attorney for assistance.

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2 Answers | Asked in Estate Planning, Family Law, Elder Law and Probate for Ohio on
Q: I am the co- owner of my mother's banking & checking account. Do I have to pay back my mother's estate ?

My sister placed my Mom into a nursing home in May of 2019 for dementia. And then she hired a guardian for my mom in June 2019. I have lived in my Mom's home from May 2019 until now. I have been the co-owner of my Mom's banking and checking account since April 5, 2015. And, I used the... Read more »

Aaron Epling
Aaron Epling answered on Dec 2, 2020

Interesting question. You certainly cannot be responsible for repaying any money that you spent on behalf of your mother for her expenses like medical expenses, nursing home bills, taxes, insurance, etc. One tricky question is whether you are liable to the estate for payments that you made to... Read more »

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: My father passed away he was my step father raised me for over 50 years. My siblings are trying to cut me out. Can they?

I have a half sister and my father adopted my nephew so I have an adopted sibling also I was told there is a will that is 30 years old that I am executor of but my adopted sibling has it I have not seen it I know they're going to go through probate and they're not telling the probate... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 2, 2020

If the will cannot be found, and if he did not have a surviving spouse, then his estate will be divided among his natural and adopted children, but step children don't share. If the will can be found, and if it nominates you to be executor, and if the will is submitted to the probate court,... Read more »

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1 Answer | Asked in Probate for Ohio on
Q: My Dad died last week & my sis is executor. She is taking valuable items out of the estate for herself.

She is also a beneficiary along with only my brother and I. She has her children whom aren’t beneficiaries going in as well and taking out items. I live out of the country and she wouldn’t listen to me that executors have to act in the best interest of the estate and not personal gain. I... Read more »

C. Lawrence Huddleston III
C. Lawrence Huddleston III answered on Nov 28, 2020

She won't listen, so the only option is for you and your brother to hire an expert probate lawyer, and probably file your own action to be appointed and to remove her. At a minimum, you need to keep good notes of what she is doing and need to meet immediately with your own lawyer. Most... Read more »

2 Answers | Asked in Probate for Ohio on
Q: No will, small estate; but needs probate. I have all information. What is considered "customarily" fee for Stark County

My relatives had no children, and my mother is next of kin; but very elderly. I will be appointed administrator. Just need to fill out Release Form for Aunt and then full probate due to Uncle being survivor. Only had a house and one car. I am able to provide all records of assets, liabilities,... Read more »

Beverly A Stull
Beverly A Stull answered on Nov 28, 2020

There are two ways an attorney can charge for an estate. One is hourly and the other is according to the value of the estate. You can contact attorneys and ask how they charge. Also many attorneys will give a complementary consultation where they estimate their fees. And you can check the Stark... Read more »

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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: My mom died several months ago in Ohio,I know I am in the will, but I have not received anything from the executors.

What and when should I expect notification of my inheritance. Can I get a copy of the will?

Aaron Epling
Aaron Epling answered on Nov 27, 2020

No news is bad news. You need to communicate with the executor to see where the process is. The executor may be strategically waiting to open the estate. Or, there may be nothing going through probate, so it wouldn't matter what the will says. If the executor is being evasive (like... Read more »

1 Answer | Asked in Probate for Ohio on
Q: What probate form In Medina County OH do I need to release a hold on my deceased mothers bank account holding $5,200.

The rep payee account, I was the fiduciary was put on hold upon death. I thought it had no funds in it so I transferred $4,000 into to it from my personal account to prevent checks written for my mothers bills from bouncing. So now the account has $5,200 in it and is $200 over the limit to release.

Aaron Epling
Aaron Epling answered on Nov 24, 2020

You can do a release, rather than a summary release, to get the entire $5,200 as long as you're the sole heir or you paid the funeral bill and it was over $5,200. Some counties make you wait 6 months from the date of death to file a release. Medina County has a release "packet" on... Read more »

1 Answer | Asked in Probate for Ohio on
Q: Is it possible to get filing fees waived in probate court for being indigent?
Beverly A Stull
Beverly A Stull answered on Nov 20, 2020

Yes, you can file an Affidavit of Indigency, Supreme Court form 26.8. Depending on the county, there may be a hearing scheduled. It is means tested; you must be under 187.5% of the Federal Poverty Level.

4 Answers | Asked in Probate for Ohio on
Q: Does a will have to go to probate in Ohio if there no assets to speak of?

My father passed away last month. The attorney who did the will is retired, possibly deceased. The bank named in the will as Executor has since been sold. They are telling me they don't do that, even though the will names the bank or it's successor. There is no real estate involved. Mom... Read more »

Mark Martin Turner
Mark Martin Turner answered on Nov 9, 2020

If the only asset is a joint account, there are no assets to probate. Make sure there is not any real property owned in his name only. If there is real property jointly owned, a filing with the county may be needed, but I don't believe, given that the sole asset is a joint account, that any... Read more »

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: How can I find my Dad's lawyer? My Dad had a will & at one time, I was the executrix but don't know if that change

My brother is keeping me from finding out anything and nothing has been filed in probate yet. He died on 10/21/2020

Aaron Epling
Aaron Epling answered on Nov 4, 2020

You need an attorney. This happens more often than you think and a number of factors can influence the strategy moving forward. For example, if no assets need to go through probate, then it doesn't matter as much. But, if a significant bank or investment account needs to go through probate,... Read more »

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1 Answer | Asked in Probate for Ohio on
Q: Does a land contract that is not specifically addressed in a will follow the real property that is bequeathed?
Joseph Jaap
Joseph Jaap answered on Oct 30, 2020

The rights of the deceased in the land contract will be part of the assets of the estate, to be handled as specified in the will, even if not specifically mentioned. Use the Find a Lawyer tab to consult a local probate attorney who can review the will to advise what happens to the land contract.

2 Answers | Asked in Probate for Ohio on
Q: Car stuck in probate how to get it

my situation is now that i’m older i’m trying to get the title of my grandfather’s classic car to restore it. problem is we have possession of the vehicle but no title. probate court was closed in 2010 any help would be great state ohio

C. Lawrence Huddleston III
C. Lawrence Huddleston III answered on Oct 25, 2020

You will need to file an application in probate court to re-open the estate and transfer the vehicle. It is not at all unusual for an asset to be forgotten and not included on the inventory and account. If all the beneficiaries are still living, it is pretty routine. It can be a bit more of... Read more »

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