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Ohio Estate Planning Legal Questions

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203 legal questions have been posted about estate planning by real users in Ohio. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.
Ohio Estate Planning Questions & Legal Answers - Page 2
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Estate Planning
Ohio

Recent Legal Answers

Can I draft a will that will leave my girlfriend (not spouse/domestic partner) my house that has a remaining balance on the mortgage?

Answered 5 years and 11 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Yes, you can leave her the house, but there will still be a lien on the house for the amount of the unpaid mortgage loan. In the event you pass, the bank will assert the debt against your estate. She has the option of taking on the mortgage if she wants to continue living in the house, or selling the house and paying off the mortgage with the proceeds.... Read More
Yes, you can leave her the house, but there will still be a lien on the house for the amount of the unpaid mortgage loan. In the event you pass, the... Read More

My mother died and we have joint bank accounts. After I show death certificate they are mine. Correct?

Answered 6 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
If the accounts were held joint with right of survivorship, the survivor has a right to 100%.  If the accounts were held joint, the survivor has a right to 50%.  The other 50% passes under the Will or, if there is no Will, the state laws of heirship.
If the accounts were held joint with right of survivorship, the survivor has a right to 100%.  If the accounts were held joint, the survivor has... Read More

In the state of Ohio, if a parent dies with outstanding medical bills or other debts, can their living children be held responsible?

Answered 6 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
An estate's bills are those of the estate, not of the children. 
An estate's bills are those of the estate, not of the children. 

Can my dads gf take over his house after he passes?

Answered 6 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Hire a probate lawyer to settle his estate and bring an eviction action.
Hire a probate lawyer to settle his estate and bring an eviction action.

How much does it cost to have an attorney write a letter to another attorney requesting transfer of my will?

Answered 6 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
The cost depends on the attorney.  But you may want to keep the Will yourself, whether in a fire proof safe at home, a safety deposit box or (if this works in your locale) with the county clerk.  In that case, you, not the attorney, can write the letter.   Unless your former friend is an estate planning attorney, you may also want to have the Will reviewed by one.  It may not be valid.... Read More
The cost depends on the attorney.  But you may want to keep the Will yourself, whether in a fire proof safe at home, a safety deposit box or (if... Read More

If an individual has a POA and is listed as an executor of a will, can the POA act as executor on their behalf?

Answered 7 years ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Follow the advice of the probate attorney.
Follow the advice of the probate attorney.

My sister as trustee has distributed funds from my mother's estate but has never given us a written accounting. What recourse do I have to get one?

Answered 7 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Many states allow a beneficiary to request an accounting after a certain period of time.  Check with a probate lawyer in the state where the estate was probated.
Many states allow a beneficiary to request an accounting after a certain period of time.  Check with a probate lawyer in the state where the... Read More

If I sell the home, can the IRS place a lien on the proceeds, and attempt to collect her back taxes from what is now my money?

Answered 8 years and 4 months ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
The IRS can only place a lien on property which is owned by the taxpayer. Now that it's your property and you're not liable for her taxes, the IRS can't lien you for the taxes.
The IRS can only place a lien on property which is owned by the taxpayer. Now that it's your property and you're not liable for her taxes, the IRS... Read More

Who is responsible for paying off the loan, the estate, or me as an individual who is the beneficiary?

Answered 8 years and 4 months ago by Christine Sabio Socrates (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
It sounds like you need to consult with an attorney on this matter. More information regarding the estate is needed to properly answer your question. Unfortunately, the car loan follows the car so you would have to pay that off or assume the loan to transfer title to you. However, the loan amount or payments towards the loan can be factored into the distribution of the estate and deducted from your share of the estate.... Read More
It sounds like you need to consult with an attorney on this matter. More information regarding the estate is needed to properly answer your... Read More

How can I get my aunt to open my granny's will?

Answered 8 years and 5 months ago by Christine Sabio Socrates (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Estate Planning
If your aunt will not open the will, you can start the probate process at probate court. Two years is a long time to wait to probate a will especially if she has assets that need to be distributed. Do you know who your grandmother appointed executor?
If your aunt will not open the will, you can start the probate process at probate court. Two years is a long time to wait to probate a will... Read More

Is it legal for an executor of a will to add names to the deceased will?

Answered 8 years and 5 months ago by Christine Sabio Socrates (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Estate Planning
Your situation sounds extremely complicated with many parties involved. While she was alive, no one should have been able to transfer the property without her consent. Now that she is deceased, it is important to make sure her will is a valid one and that her husband's estate was handled correctly. It would be helpful for you to retain your own attorney to make sure everything has been done according to your mother and father in law's wishes and no one has unlawfully benefitted from their estate.... Read More
Your situation sounds extremely complicated with many parties involved. While she was alive, no one should have been able to transfer the property... Read More

How would I get deceased car registered while keeping the loan at the rate it's currently at?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
In order to transfer the title to you, it's necessary to have the title transferred through the probate court and the lender will be notified.
In order to transfer the title to you, it's necessary to have the title transferred through the probate court and the lender will be notified.

Will Medicaid put a lien on it if she goes to a nursing home, even though my name is on it?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
If the funds came from your mother, then taking the money is Medicaid fraud.
If the funds came from your mother, then taking the money is Medicaid fraud.

If my father just died, should I be the one fixing his estate and not his mother?

Answered 8 years and 6 months ago by Christine Sabio Socrates (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
I am sorry about the loss of your father. Your grandmother is wrong. She is not entitled to any of the estate since your father had living children. Especially since he did not have a will. However, if your father named her as a beneficiary or she was a joint owner with rights of survivorship she would be entitled to those assets. You can contact me directly if you need assistance to prevent her from taking what is not hers.... Read More
I am sorry about the loss of your father. Your grandmother is wrong. She is not entitled to any of the estate since your father had living... Read More

If I get power of attorney, will I be responsible for his debt?

Answered 8 years and 6 months ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
No, a power of attorney does not make the attorney liable for the principal' debts. However, you must be careful to sign any documents as By: Signature Joe Jones, attorney in fact for Bob Jones So it's clear that you are not signing it personally just on behalf of the principal.
No, a power of attorney does not make the attorney liable for the principal' debts. However, you must be careful to sign any documents as By:... Read More

What is the time frame to collect possessions left to siblings that have not claimed them?

Answered 8 years and 6 months ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Notify him by certified mail. If he doesn't make arrangements to collect them, they go to the residuary beneficiary under the will.
Notify him by certified mail. If he doesn't make arrangements to collect them, they go to the residuary beneficiary under the will.

Do I need to reverse so I won't be left without a place to live?

Answered 8 years and 6 months ago by Christine Sabio Socrates (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
More information is needed to properly answer your question. Why did you quitclaim the house to your mother? Does she have a will? Will she require nursing home care? Is your mother competent or have lucid moments even though she has been diagnosed with Alzheimer's?
More information is needed to properly answer your question. Why did you quitclaim the house to your mother? Does she have a will? Will she... Read More

Shouldn't the car be a part of the will and be sold as part of the estate?

Answered 8 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
Cars are seldom mentioned specifically in a will (except valuable classic cars or cars with great sentimental value like a 1934 Rolls-Royce Roi de Belges or a 1957 Corvette that the deceased had owned for 40 years). Because vehicles have a title, they can only be transferred by the probate court (the deceased can't sign over the title).... Read More
Cars are seldom mentioned specifically in a will (except valuable classic cars or cars with great sentimental value like a 1934 Rolls-Royce Roi de... Read More

Can I transfer my mother car in my name, and if so, how?

Answered 8 years and 8 months ago by Ronald Karl Nims (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
Was your mother not married when she died and has no other children. Then you can go to the probate court in her county and get the car transfered to you. Otherwise, the spouse and/or siblings have a claim on the car also.
Was your mother not married when she died and has no other children. Then you can go to the probate court in her county and get the car transfered to... Read More

Is that possible to remove the buyer that left from the contract?

Answered 8 years and 8 months ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Unless you get the consent of the third person, you'd need to get a court judgment to remove them from the contract. Which I'd recommend before the land contract is completed and the deed is issued in both names.
Unless you get the consent of the third person, you'd need to get a court judgment to remove them from the contract. Which I'd recommend before the... Read More

Will I be able to claim these two unclaimed funds by simply sending in the unclaimed funds forms and a copy of his death certificate?

Answered 8 years and 8 months ago by Christine Sabio Socrates (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
You may need to file paperwork with the probate court to get the authority to act on behalf of your father's estate. Was there a probate estate already opened for him? How much was the amount of money you are claiming? The problem will be that when the check comes and is made out to the estate of your father, you will not be able to deposit or cash the check.... Read More
You may need to file paperwork with the probate court to get the authority to act on behalf of your father's estate. Was there a probate estate... Read More

How can we change off the will my dad and step mother made together?

Answered 8 years and 8 months ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
First, get a bunch of metal facial decorations and then you contact the producer of the Jerry Springer Show... Really, your parent along with his beloved decided that their assets should be split among all their children and you're so greedy that you want to make a mockery of their plans and steal all the goodies for yourself.... Read More
First, get a bunch of metal facial decorations and then you contact the producer of the Jerry Springer Show... Really, your parent along with his... Read More

Should I be on the deed of our house?

Answered 8 years and 8 months ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
The deed is valid whether you're on it or not. If you're not on it, you probably will not inherit the house at your spouse's death but there is no other effect.
The deed is valid whether you're on it or not. If you're not on it, you probably will not inherit the house at your spouse's death but there is no... Read More

When a person dies with a vehicle loan, has no will and owns 2 vehicles, who is responsible for the debt?

Answered 8 years and 9 months ago by Christine Sabio Socrates (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Only your girlfriend's estate is held responsible for the debt. There is a lien is attached to the vehicle until it is paid off. If you open a probate estate, you must have consent of her child to be appointed since he/she has first priority to be appointed administrator. Since the cars are only in her name, you have no claim on it since you were not married, unless her child gives it to you. However, if you made the payments on the car or have evidence it was a gift to you, you may have a claim. I would recommend that you get a consultation with a probate attorney to fully understand your rights in this matter.... Read More
Only your girlfriend's estate is held responsible for the debt. There is a lien is attached to the vehicle until it is paid off. If you open a... Read More

How do I open an estate in another state?

Answered 8 years and 9 months ago by Christine Sabio Socrates (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
It is true that to be an administrator you must reside in the same state as the decedent. You can use just about anyone if you sign a waiver stating that you approve of this person as administrator. Many people have used attorneys or family friends to serve as administrator. Whoever you decide to use must be bonded which adds some protection for the estate.... Read More
It is true that to be an administrator you must reside in the same state as the decedent. You can use just about anyone if you sign a waiver stating... Read More
Estate Planning
Ohio

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