Beverly A Stull

I have the experience to help you settle the estate of a loved one, guide you through Medicaid planning and application, or help you plan for your own times of incapacity or death. I also have the patience and understanding to guide you with compassion during difficult times. With offices in Blue Ash, Hyde Park, and West Chester, I can meet where it is convenient for you.

Probate

Probate Administration

Elder Law

Estate Planning

Health Care Directives, Trusts, Wills

• Free Consultation

Ohio

Since 2011

University of Cincinnati College of Law

J.D. (2011)

2008 - 2011

Ohio State Bar Association

2011 - Current

Activities: Elder Law committee, Estate Planning & Probate committee

State Bar of Ohio  # 0088078

Member

2011 - Current

Q. My father had a TOD Will so that his home and property could not be probated.

August 15, 2022

A: I don't know what you mean by a TOD Will. There is a Transfer on Death Designation (TODD) Affidavit, which specifies who will inherit the house after the grantor's death, outside of probate. Anything with a beneficiary, like the TODD Affidavit, will transfer outside of probate and will take priority over the will or intestate transfer. If that is what your father had, you will not inherit the house.

Q. In Ohio, can an out of state person be an executor of an estate? Also, what are waiver of notice probate of will docs?

April 20, 2022

A: Someone living out of state can be an Executor, who was named in the will. They cannot be an Administrator, who handles the estate when there is no will. Signing a Waiver of Notice of Probate of Will indicates that the Executor or Administrator does not need to send you certified mail telling you that the will was filed with Probate. There will likely be other Waiver of Notice throughout the administration of the estate, which would do basically the same thing, e.g. indicating that the Executor or Administrator does not need to send you formal notice of the date and time of hearings. You do not need to sign any Waivers, although it may make the administration of the estate quicker if you do.

Q. If a parent dies and has no will and her only son is incarcerated can the sons wife become the executor of the estate?

April 20, 2022

A: If there is no will, anyone can apply to be an Administrator; there is only an Executor if there is a will. But the son will be notified and can object to it.