Ohio Probate Lawyer Blog

We've all seen them: the TV ads featuring actors from our favorite shows of past decades, now a bit grayer and more mature—just like us. We liked them then, and we like them now, as they impart more wisdom, this time about reverse mortgages and how they can relieve financial worries for older Americans. At some point, the camera pans to smiling senior citizens who are now able to enjoy their golden years unburdened by financial stress.

If this sounds too good to be true, it probably is. Let's talk about reverse mortgages, what they are, and how they can affect your family at your death (or sooner).

What is a Reverse Mortgage?

In essence, a reverse mortgage is a home equity loan. Unlike a typical home equity loan, in which you borrow a sum of money using your home as security and then pay it back over time, With a reverse mortgage, your home still secures the loan, but you receive a lump sum amount or possibly a line of credit. At your death, or the death of the last surviving borrower who uses the home as a principal residence, the reverse mortgage becomes due and payable. The amount due will be greater than the amount of disbursements, in order to cover… Read More

If you own a timeshare, you probably purchased it so your family would have a place to vacation together and create lasting family memories. For many people, the timeshare is a place they envision their family returning to year after year. But what happens when the owner of a timeshare dies?

How Your Timeshare is Deeded Matters

To know what will happen to your timeshare when you die, take a look at the deed. If it is in your sole name, or in your name as "tenants in common" or "joint tenants" with another person, without any survivorship rights mentioned, it will have to go through probate. If it's yours alone, that's one thing; if it's held together with someone else, it gets even messier.

If you own your timeshare together with someone else, say, a sibling, with no rights of survivorship, then if one of you dies, that person's interest in the timeshare goes through probate. So if your brother dies, you may find yourself owning a half-interest in the timeshare, while his half-interest passes through probate to his children.

On the other hand, if you have a Read More

Much of estate planning is aimed at minimizing or eliminating the need to probate a deceased person's (decedent's) estate. Probate can be time-consuming as well as tying up estate assets. And while as a general rule probate is less complicated than it used to be, the cost of the process does consume some estate assets.

That said, there are some good reasons to go through probate, and in the final analysis, doing so may actually save the estate money. You should put a decedent's estate through probate:

If Heirs Want Certainty Regarding Claims Against the Estate

In Ohio, creditors have six months from the death of the decedent to present any claims they may have against the estate. Otherwise, those claims are barred. Therefore, the probate process provides a level of certainty that unknown creditors won't pop up later, insisting on payment.

On a related note, the probate process offers heirs an opportunity and forum in which to challenge the validity of any alleged claims. If a creditor tries to col… Read More

One of the duties of an executor (also called an administrator) of an Ohio probate estate is to manage the deceased's personal property. Depending on the circumstances, this may call for liquidating or selling some property. This often takes place via an estate sale.

While estate sales may be held for other reasons besides the death of a property owner, such as a move, they are a common way of disposing of personal property when someone has passed away. What restrictions are there on executors with respect to conducting an estate sale in Ohio?

Ohio Law Regarding Estate Sales

An executor must get permission to conduct an estate sale. If the probate court is satisfied that conducting a sale would be in the best interests of the estate, it will authorize the executor to carry out a sale. The estate sale may happen at any point in the probate process, and may be private or open to the public.

So far, so good. But an executor can't put just any estate property up for sale. If there is property that has been specifically bequeathed to someone, that property may not be sold (unless estate debts are such tha… Read More

Years ago, people typically bought cars and drove them until they were no longer roadworthy (the cars, not the people). These days, it's much more common to replace your vehicle every few years, whether by purchasing or leasing a new vehicle.

An unintended consequence of this trend is that more and more people are passing away with vehicle debt. What happens to your vehicle, and the debt that's attached, when you die? Do your kids or spouse inherit your car loan or lease?

Dealing With a Car Lease After a Death

A vehicle lease is a contract, so if you're managing a deceased person's affairs, the first thing you should do with regard to a vehicle lease is to review its terms. Death may be deemed an "early termination" of the lease, and payment obligations may continue. If there is a co-signer on the lease, he or she may be liable for future payments; otherwise, they are likely to be the responsibility of the deceased's estate.

While reviewing rights and obligations under the lease, make sure that lease payments are kept up; failure to make payments can limit your… Read More

Most people would wish to pass away at home in their sleep, after a long full life and without suffering. The reality, of course, is that many people die after long illnesses, often involving a hospital or nursing home stay. When that happens, who pays the medical bills that are left behind?

Most bills, such as credit card debt in the deceased person's (decedent's) sole name are the responsibility of the probate estate. If there are not enough assets in the estate to cover all debts, the creditors may have to take a loss.

However, medical bills, which are often considerable, are treated differently in Ohio, and a surviving spouse may be responsible.

Medical Debt and the Ohio "Necessaries Doctrine"

Responsibility for final medical debt is treated differently from state to state. Historically, most states observed a common law "necessaries doctrine" that made husbands liable to third parties who provided their wives with necessaries, including food, shelter, and health care. Ohio has codified this Read More

You can't take your money with you when you die—but what happens to your credit card debt when you die? And if you are the heir of someone who has accumulated a lot of credit card debt, what is your responsibility for that debt if your loved one dies?

The answer depends in part upon whether the credit card was in the name of one person, or was a joint account. Many spouses have joint credit card accounts. If you and your spouse jointly signed for a credit card account, and one of you dies, the other continues to be liable for account debt, even if it was incurred by the spouse who died.

However, not everyone who uses a credit card is a joint signer on the account. It is possible that a credit card holder can make someone an authorized user on the account without making them a joint signer. It's important to know whether you are a cosigner or authorized user of the deceased's credit card.

How Credit Card Debt is Dealt with When a Cardholder Dies

Now you know that as long as you didn't co-sign for the credit card, you won… Read More

This is one of the most common questions for personal representatives of a deceased person's estate and for many heirs. The answer, of course, is "it depends." The chief determining factors are the size of the estate, the complexity of the assets, the number of heirs, and whether there are likely to be any disputes or will challenges. Taking into account those factors, it is possible to at least estimate how long an Ohio probate estate will take to administer.

Summary Release from Administration in Ohio

For very small estates, summary release from administration is available. This means that there is no probate process at all. An estate qualifies for a summary release from administration if it is valued at $5,000 or less, or if it is valued at $45,000 or less and a surviving spouse inherits the entire estate and is entitled by law to a family support allowance, and the surviving spouse has paid the decedent's funeral expenses or is under obligation to do so.

Release from Administration

Not to be confused with summary release from administration, Read More