Ohio: How a Prenuptial Agreement Can Affect a Life Estate and Your Inheritance — And What To Do When an Executor Won't Produce It
Can a prenuptial agreement affect a life estate or my share of my mother's estate in Ohio, and what can I do if the executor refuses to provide it? Brief answer Yes — in Ohio a valid prenuptial (premarital) agreement can change what a surviving spouse may claim from a deceased spouse’s estate, and that […]
Read article →How to Verify an Executor’s Calculation of Your Inheritance Share — Ohio Probate
How to confirm the executor correctly calculated your percentage share from the sale of your sibling’s house (Ohio) Short answer: In Ohio, start by confirming whether distribution follows a will or the intestacy rules, obtain the estate’s inventory and accounting from the probate court or personal representative, recalculate the distributable proceeds (sale price minus mortgages, […]
Read article →Ohio: Can a House with a Mortgage Be Sold During Probate?
Short answer Yes — often you can sell a decedent’s house while the estate is in probate in Ohio, but you must follow probate rules and deal with the mortgage lien. Whether a sale can go forward, how it is approved, and who pays the mortgage depends on how the property is owned, whether the […]
Read article →Ohio — Do I have to publish notice to creditors under the small estate process before selling my mother’s house?
Do I need to publish a notice to creditors for three months under Ohio’s small estate process before selling a decedent’s house? Short answer: No — the Ohio “small estate” affidavit process generally applies only to collecting and distributing personal property, not to transferring or selling real estate (a house). If the house does not […]
Read article →Proving the Value of a Deceased Parent’s Vehicles in Ohio Probate
Detailed answer: How to prove the value of a deceased parent’s vehicles in Ohio probate Short answer: Collect documentary evidence (title, registration, purchase records), obtain dated market valuations (Kelley Blue Book, NADA, dealer appraisals, or a licensed independent vehicle appraiser), document the vehicle’s condition and mileage, and file an inventory/appraisement with the probate court. If […]
Read article →Proving Vehicle Value in an Ohio Probate Estate
Detailed Answer When administering an Ohio probate estate, the person in charge of the estate (the personal representative, sometimes called executor or administrator) must identify and report the decedent’s assets and their values to the probate court and to interested parties. Vehicles are personal property that must be listed in the estate inventory and valued […]
Read article →Ohio: Getting Appointed as a Limited Personal Representative to Run Creditor Notice and Sell Real Property
Detailed Answer Short answer: In Ohio, the “small estate” affidavit (an affidavit to transfer personal property) is generally limited to personal property and will not by itself authorize you to sell a decedent’s real estate. To run a formal notice to creditors and obtain legal authority to sell real property you usually must open a […]
Read article →Ohio: What Happens to an LLC Membership Interest When a Member Dies
When a member of an Ohio LLC dies and the operating agreement is silent: A clear guide Short answer: If an Ohio limited liability company (LLC) operating agreement doesn’t say what happens to a deceased member’s interest, Ohio’s LLC laws and general probate rules fill the gap. Normally the deceased member’s economic interest passes to […]
Read article →How to Prove a Zero Balance and Close Your Spouse’s Estate in Ohio
Closing a Spouse's Estate with a Zero Balance in Ohio How to Prove a Zero Balance and Formally Close Your Spouse’s Estate in Ohio Short answer: If your spouse’s estate truly has no probate assets and no outstanding debts, you can either avoid formal administration entirely or open a minimal probate file and ask the […]
Read article →Ohio: Using a Small Estate Affidavit for an Intestate Estate — When It Replaces Formal Probate
Detailed Answer Short answer: Under Ohio law you can sometimes use a small‑estate affidavit (often called an affidavit for collection of personal property or a small estate affidavit) to collect certain personal property of a person who died without a will (intestate) instead of opening a full probate estate — but only when the estate […]
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