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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 4
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Estate Planning
Ohio

Recent Legal Answers

My half brother passed away without a will, am I entitled to anything?

Answered 9 years and 9 months ago by Ronald Karl Nims (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
The order of distribution in Ohio is: Spouse and children, Parents Siblings If there is anyone in a group above you they will split it and you get nothing.
The order of distribution in Ohio is: Spouse and children, Parents Siblings If there is anyone in a group above you they will split it and you get... Read More

I'm my mother's only son, how do I go about getting her 401k?

Answered 9 years and 9 months ago by Ronald Karl Nims (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
First, you'll need to make sure that you're named as the beneficiary of the 401(k), then do her in. Seriously, 401(k) plans - and all other retirement accounts - are a contract between the participant and the financial institution. One of the terms of that contract is who gets the funds upon the participant's death. That means a will, or lack of a will, has nothing to do with the distribution.... Read More
First, you'll need to make sure that you're named as the beneficiary of the 401(k), then do her in. Seriously, 401(k) plans - and all other... Read More

How do I transfer the deed to my name if my dad had no will?

Answered 9 years and 9 months ago by Ronald Karl Nims (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
To sue the deceased, his creditors would sue his estate. If no estate has been opened, the creditors could open one. A power of attorney stops at death, it no longer has any effect. To inherit the deceased property, you would have to open an estate.
To sue the deceased, his creditors would sue his estate. If no estate has been opened, the creditors could open one. A power of attorney stops at... Read More

Who has legal right to remains of relative after cremated?

Answered 9 years and 10 months ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Absent a written directive from the deceased, the remains are controlled by: -the surviving spouse, if none or they do not undertake the duty, then: -the children of the deceased, if none or they do not undertake the duty, then: -the parents, -the siblings, -the grandparents, -the descendants of the grandparents. Nothing gives the relatives of the spouse any authority.... Read More
Absent a written directive from the deceased, the remains are controlled by: -the surviving spouse, if none or they do not undertake the duty, then:... Read More

How long the person who is the keeper of those items does has the obligation to keep?

Answered 9 years and 11 months ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
There is no statute of limitations on probating a will. However, if the property has been taken by others there are statutes of limitation on recovering the property. There is a four year statute of limitations on recovering most property and a 21 year statute of limitations on recovering real estate.... Read More
There is no statute of limitations on probating a will. However, if the property has been taken by others there are statutes of limitation on... Read More

How would I go about cashing this check since it indicates he’s deceased?

Answered 9 years and 11 months ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
You need to file a low asset estate with the local probate court. In Ohio, it's called a "Release from Administration" and it costs $35.00. That will give you a court document which lets you cash checks in the deceased name as well as to transfer any other property that he may have owned when he died.... Read More
You need to file a low asset estate with the local probate court. In Ohio, it's called a "Release from Administration" and it costs $35.00. That will... Read More

How do I get a mobile home out of my name?

Answered 10 years ago by Christine Sabio Socrates (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
You need to transfer the title to the person you gave it to and have it recorded.
You need to transfer the title to the person you gave it to and have it recorded.

If I establish a trust fund, can I withdraw funds from it myself?

Answered 10 years ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
A trust is an agreement between you and the trustee. You can write almost any terms into it, but you should consult an attorney about what is necessary for a trust that achieves your goals?
A trust is an agreement between you and the trustee. You can write almost any terms into it, but you should consult an attorney about what is... Read More

What can be done if the executrix of their dad's estate is refusing to distribute what would have been my ex's further share to our sons?

Answered 10 years and a month ago by Christine Sabio Socrates (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
Yes, it is likely that if there is are other assets to be distributed, your sons would be entitled to receive their father's share. An estate would probably need to be opened for your ex so it can receive the remaining assets of his father's and distributed to his heirs. Unless the assets were not substantial, then a simpler proceeding would be needed rather than a full estate. If you need assistance, I would be happy to help.... Read More
Yes, it is likely that if there is are other assets to be distributed, your sons would be entitled to receive their father's share. An estate would... Read More

Now that we have my mother-in-law in our home, should the items bought using her Medicare trust come with her?

Answered 10 years and a month ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
They are her property, there is no reason not to bring them into your home.
They are her property, there is no reason not to bring them into your home.

How do I close a bank account in one state when I live in another state?

Answered 10 years and 2 months ago by Edwin K. Niles (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Estate Planning
Most states have laws for transfer of small estates. The bank can tell you what their requirements are, or you can talk to a lawyer in the state where the bank is located.
Most states have laws for transfer of small estates. The bank can tell you what their requirements are, or you can talk to a lawyer in the state... Read More

Will his stuff left behind go to probate court since he didn't have a will?

Answered 10 years and 2 months ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
The usual ways of discovering hidden accounts of the deceased are checking his past tax returns (bank accounts pay interest, stock accounts have capital gains and dividends) and looking through his mail and e-records.
The usual ways of discovering hidden accounts of the deceased are checking his past tax returns (bank accounts pay interest, stock accounts have... Read More

What exact forms I need to print out and file for a probate?

Answered 10 years and 2 months ago by Ronald Karl Nims (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
The forms necessary for a probate depends on what state you're in. You need to check with the local probate court. If the house has a mortgage or the car has a loan, in order to keep them; you need to either have the lender agree to assign the loan to you or you'll need to refinance them and pay off the old lenders. If there aren't any loans, then keeping them is no problem. Since your brother has a living father, he doesn't need a guardian. His father will speak for him.... Read More
The forms necessary for a probate depends on what state you're in. You need to check with the local probate court. If the house has a mortgage or the... Read More

If something were to happen that would need Medicaid coverage by either of our parents, could the house cause them ineligibility for Medicaid coverage

Answered 10 years and 2 months ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Yes, Medicaid can lien the house.
Yes, Medicaid can lien the house.

Will a will made in one state still be valid in another?

Answered 10 years and 2 months ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Yes, a will is valid in all states.
Yes, a will is valid in all states.

What does the seal on a contract mean and why?

Answered 10 years and 2 months ago by Jayne L. Sebby (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Estate Planning
I don't know of any contract in the U.S. that requires a seal. Certain documents, such as wills, may require notarization which includes both the notary public's signature and a stamp of his/her seal of office. Notarization is little more than proof to an independent party (the notary) that the person who is signing the document is who he/she claims to be, that he/she knew the contents of the document, and that he/she intends the document to perform certain actions, such as distribution of his/her estate.... Read More
I don't know of any contract in the U.S. that requires a seal. Certain documents, such as wills, may require notarization which includes both the... Read More

If we file a divorce, am I entitled to give her half interest in the home?

Answered 10 years and 2 months ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Generally speaking, a residence purchased during the marriage is considered marital property which is owned 50-50. If you were living separately there is some argument that the residence is totally yours but it's up to the judge.
Generally speaking, a residence purchased during the marriage is considered marital property which is owned 50-50. If you were living separately... Read More

What can the children do with our deceased father's belongings if he had no will?

Answered 10 years and 3 months ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
The property of an unmarried person who dies without a will first is used to pay off his debts then split equally between his children. Sounds like your brother and sister are stealing his property. You need to talk to an attorney where he died.
The property of an unmarried person who dies without a will first is used to pay off his debts then split equally between his children. Sounds like... Read More

Is an executor of a will allowed to remove possessions from the deceased person's home?

Answered 10 years and 4 months ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
The executor of a will is allowed to remove possessions from the deceased home, only if those items have been listed on the inventory filed with the probate court. If the items haven't been listed on the inventory, then the technical legal term is that the executor is "stealing" them.
The executor of a will is allowed to remove possessions from the deceased home, only if those items have been listed on the inventory filed with the... Read More

Will my portion of the will override the prenup?

Answered 10 years and 4 months ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Yes, a will overrides a prenup. A prenup limits the amount that a widow/widower can claim against the estate of the deceased. If the deceased chooses to give the widow/widower more, that's their right.
Yes, a will overrides a prenup. A prenup limits the amount that a widow/widower can claim against the estate of the deceased. If the deceased chooses... Read More

Who is considered to be the "real" executioner?

Answered 10 years and 4 months ago by Christine Sabio Socrates (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
Your sister would be the executrix. A power of attorney would terminate when your mother passes away. The will appoints the executor/executrix therefore, she would get the appointment.
Your sister would be the executrix. A power of attorney would terminate when your mother passes away. The will appoints the executor/executrix... Read More

Do half sibling have the right to the other sibling property when they die?

Answered 10 years and 5 months ago by Christine Sabio Socrates (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
Possibly, however, you would have the same rights she would have if there is no will. Under the laws of intestate succession (person dies without a will), you would receive equal treatment. If you would like to provide more information, I would be able to answer you more accurately.
Possibly, however, you would have the same rights she would have if there is no will. Under the laws of intestate succession (person dies without a... Read More

Who gets the remains of someone who is cremated? How?

Answered 10 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
The next of kin for deciding the disposition of remains is the surviving spouse, or if there is no surviving spouse, a majority of the children.
The next of kin for deciding the disposition of remains is the surviving spouse, or if there is no surviving spouse, a majority of the children.

Can one force an heir to the house to pay rent?

Answered 10 years and 7 months ago by attorney James E. Reed   |   8 Answers   |  Legal Topics: Estate Planning
If all of the beneficiaries agree that no rent should be paid, then the estate will not likely press the issue, but there's no guarantee.
If all of the beneficiaries agree that no rent should be paid, then the estate will not likely press the issue, but there's no guarantee.

Can one force an heir to the house to pay rent?

Answered 10 years and 7 months ago by attorney Dara J. Goldsmith, Esq.   |   8 Answers   |  Legal Topics: Estate Planning
In Nevada, rent would need to be paid absent an order to the contrary. Additionally, the estate representative/attorney is to be paid from the estate assets. Such fees are an administrative claim and are the highest priority to be paid.
In Nevada, rent would need to be paid absent an order to the contrary. Additionally, the estate representative/attorney is to be paid from the... Read More
Estate Planning
Ohio

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