We’re here to help you make informed decisions and give you peace of mind. This page contains answers to frequently asked questions and helpful resources for estate planning and asset protection.

Legal Documents Every Person Should Have

  • Durable Power of Attorney
  • Durable Power of Attorney for Health Care
  • Living Will
  • Last Will and Testament

A Durable Power of Attorney is a legal document in which you appoint an agent to act on your behalf in handling your financial affairs.

If you are unable to handle your financial affairs for any reason, your agent can handle things for you. Without it, if you become incompetent, a guardianship proceeding would be needed in order for the court to appoint a guardian of your estate to handle your financial affairs. 

A Durable Power of Attorney for Healthcare is a legal document in which you appoint an agent to obtain access to your medical records and make healthcare decisions for you if you are unable to make those decisions yourself.

A Durable Power of Attorney for Healthcare gives you some control over your healthcare if you can no longer communicate your wishes or make decisions about your medical treatment. Without it, if you become incompetent, a guardianship proceeding would be needed in order for the court to appoint a guardian of your person to handle your personal and medical affairs.

A Living Will is a legal document in which you give instructions about the medical treatment you want, or don’t want, to receive if you become incapacitated or cannot speak for yourself.

Without a will, the court will decide who receives your property according to the law of descent and distribution which may not be the person(s) you want to receive your property. Without a will, the court will decide who will administer your estate which may not be the person you want to administer it.

Medicaid FAQs

Eyer Law can help you create a plan to safeguard your assets and assist you in qualifying for Medicaid benefits to help pay for assisted living and other long-term care needs. We can provide expert legal advice and helpful solutions. Contact us to get started.

Yes. Medicare will only pay a maximum of 100 days of a nursing home stay and once Medicare stops paying, the Medicare supplement will stop paying too.

Yes. Medicaid is a needs-based program; therefore, Medicaid will review a person’s assets. Some assets are exempt and some are counted toward the resource limit (currently $2,000 for single individuals). For married couples, if one spouse is institutionalized, a resource assessment is completed to determine how much of the assets the non-institutionalized spouse may keep.

Yes. A person’s home can be exempt for a number of reasons.

No. If you can use the assets in the trust or have control over the assets, the assets are considered available to you.

No. A nursing home or assisted living facility does not take a person’s income. A budget will be completed in order to determine how much, if any, of your income must be paid to the facility each month (called a patient liability or share of cost).

Possibly. When you apply for Medicaid you must disclose all transfers/gifts made in the last five years (the look-back period). If assets were transferred for less than fair market value during this time a period of ineligibility is determined (the penalty period).

Yes. Medicaid can recoup the amount of money paid out on your behalf at the time of your death whether or not your assets go through probate through the Medicaid Estate Recovery Program. However, the recoupment can be delayed for a number of reasons.

Estate Administration and Probate Resources

Probate is the legal process of administering the estate of a deceased person, which can be a complex and time-consuming process, but our experience can help make it go more smoothly and ensure that the wishes of the deceased are carried out. Contact us to learn how we can help.

Estate Administration

When a person dies leaving property in his or her name, certain steps must be taken to transfer the decedent’s assets. There are two types of assets: probate assets and non-probate assets. Probate assets include bank accounts, stock, real estate, automobiles and personal items titled solely in the deceased person’s name. Probate assets must be transferred through a Probate Court proceeding. Non-probate assets include assets that transfer automatically upon death, such as jointly held bank accounts with rights of survivorship, life insurance policies with a designated beneficiary, real estate that is jointly held with rights of survivorship or transfer upon death deed.

Probate assets can pass to beneficiaries in one of two ways. A deceased may leave probate assets through a properly executed will (testate succession). If there is no will, the Ohio statute of descent and distribution provides who is to receive the property of a deceased person. (intestate succession).

There are three different administrative processes that may be used to transfer probate assets through the Probate Court.

  1. Full Estate Administration
  2. Relief from Administration
  3. Summary Release from Administration

Full Estate Administration

A Full Estate Administration is the most complicated of the three administrative processes. It is also the only one of the three procedures without a limit on the amount of probate assets that can be transferred. It is the only option available for large estates. The aid of an attorney with knowledge of probate court procedures is often very helpful for this type of case.

A Full Estate Administration requires:

  1. Filing paperwork to open the estate. This will include a list of next of kin of the deceased and beneficiaries under the will (if applicable). The original will must be presented to the Court with an application to admit the will to probate.
  2. Appointment of an administrator (no will or no fiduciary is appointed in the will) or an executor (fiduciary appointed in a will). An administrator and executor are fiduciaries appointed by and accountable to the Probate Court. Executors and administrators have authority to collect and disburse probate assets, pay claims and file tax returns.
  3. The executor or administrator must collect all probate assets and file an inventory of the probate assets which must be set for a hearing and approved by the Court.
  4. If necessary, the executor or administrator files an estate tax return, pays any applicable estate taxes, deals with claims and pays debts of the estate prior to making final distribution of the remaining probate assets.
  5. The Executor or Administrator must distribute the net probate assets to the heirs and beneficiaries of the deceased.
  6. A final account must be filed which verifies the disbursement of the assets.

Relief from Administration

Relief From Administration does not require the filing of an inventory or a final account; however it is not available in all cases because there is a limit upon the amount of probate assets that can be transferred using this procedure. The asset limit for an applicant who is not the surviving spouse is $35,000 if the date of death is after November 9, 1994. The asset limit is $100,000 if the applicant is the surviving spouse who is entitled to all probate assets and the date of death is after March 18, 1999.

A Relief from Administration requires:

  1. Notice to the next of kin and beneficiaries of the will (if applicable).
  2. Filing an Application to Relieve Estate from Administration with notice to or waivers from the next of kin and/or beneficiaries.
  3. Filing a list of probate assets and any debts owed by the estate.
  4. Appointment of a Commissioner who will be responsible for paying debts and distributing assets according to the Entry Relieving the Estate from Administration.
  5. Filing a Report of Distribution after all distributions are made. Receipts are required to verify all distributions.

Summary Relief from Administration

Summary Release from Administration is the least complicated form of administration because no notice is required to be given to next of kin, beneficiaries or creditors. However, there is a limit on the amount of probate assets that can be transferred. This is $5,000 for a non-spouse applicant and $45,000 for a surviving spouse applicant. Additionally, the applicant must also be able to show that he or she was responsible for paying the deceased’s funeral bill.

Filling for Summary Release from Administration requires:

  1. Filing an application listing a request for the transfer of probate assets with a value less than $5,000/$45,000. For a non-spouse applicant the amount of the funeral bill must be more than or equal to the value of the asset being transferred.
  2. Presentation of the funeral bill listing the applicant as the person responsible for paying the bill.

What you will need to get started:

When filing any type of probate procedure the following items should be brought to the Probate Court:

  • Death Certificate, obituary or other proof of death
  • Original will (if applicable)
  • Copy of trust (if applicable)
  • Filing fee
  • Names and addresses of all next of kin and those individuals or entities named in the will.
  • Funeral bill
  • Titles for automobiles, boats, motor homes and motorcycles
  • Bank account numbers and stock certificate numbers

Rights of Surviving Spouses

Ohio Law provides surviving spouses certain rights in probate court proceedings:

  • Right to elect to take against the will.
  • Right to elect to receive mansion house (primary marital residence) as part of the spouse’s share of an intestate estate.
  • Right to remain in the mansion house rent free for up to one year.
  • Right to family allowance
  • Right to purchase the mansion house and household goods at appraised value
  • The right to two automobiles not to exceed forty thousand dollars in total value.
  • The right to one watercraft one outboard motor and one trailer.
  • The right to reimbursement for funeral and burial expenses, if paid by the surviving spouse to the extent that the rights of creditors of the estate will not be prejudiced.
  • The right to file an action to set aside an ante-nuptial or post-nuptial agreement.

Take control of your future.

We’ll work with you to understand your specific situation and goals, and provide personalized advice.