Before we can discuss what a probate attorney in Cincinnati, Ohio does, we need to define exactly what probate is. According to the American Bar Association “Probate is the formal legal process that gives recognition to a will and appoints the executor or personal representative who will administer the estate and distribute assets to the intended beneficiaries.” Laws can vary from state to state so it’s important to work with a probate attorney familiar with the laws in the state in which the probate process takes place.
A probate attorney in Cincinnati, Ohio can help you as little or as much as you need when you are faced with the probate process. For example, let’s say you’re the executor of your father’s will. Your mother predeceased him. What now? As the executor of the estate, you will be responsible for filing a petition to open the estate with the probate court letting them know of your father’s passing. Heirs and beneficiaries must be notified (maybe your siblings, your children, charities, friends, etc.) This gives them the opportunity to contest the will if they disagree with any of its terms. The probate attorney will help you file the right paperwork within the appropriate timeframe. You may have read that the paperwork throughout the probate process can be confusing, complex, and difficult to complete correctly. Unfortunately, that is true. A good reason to hire an experienced Cincinnati probate attorney.
Next, as the executor, the probate attorney will help you carry out your duties in an organized and legal fashion. This might include paying any debts or taxes owed out of the estate. The timing of those payments can be important. Also, it might be your responsibility to ensure the assets are well-maintained until legally distributed. For example, real estate that requires routine maintenance, such as, lawn care or snow removal. Granted, this may not be part of the probate process but the probate attorney can help you understand your responsibilities during this stressful time.
I think a word here about what the role of a living trust is when it comes to probate is in order related to whether a probate attorney is needed. I have found that some individuals are under the mistaken impression that having a trust means the probate process can be avoided entirely. Virtually any estate planning attorney will encourage most clients to not only have a will but a trust as well. One of the purposes of a living trust is to help avoid a long and what could be a complicated probate process. That said, sometime, a decedent still owns probate assets. Just having a trust may NOT excuse anyone from filing the appropriate paperwork with the probate court. Whether someone dies with or without a will, with or without a trust, probate is a fact of life, or perhaps better said death. But by having an up-to-date will and trust you can minimize the probate process as much as possible.
So a probate attorney can help anyone who is an executor (or heir) navigate the probate process as quickly and efficiently as possible. Depending on how organized the deceased was in having a current estate plan, it can be relatively painless. If no legal will was ever created and there are many potential heirs and lots of assets a probate attorney can be the difference between a long, expensive and complicated process or a shorter, less expensive, and easier process.
As an experienced probate attorney here in Cincinnati, Ohio I would advise most clients to not go through probate alone. Let’s face it, you’ve lost someone close to you, that is stressful enough. Trying to work your way through the probate process without a probate attorney’s help is just something you probably should not try to tackle on your own. For more information about probate and to schedule a consult with me please visit https://davidlefton.com/services/probate-and-trust-administration/ or call me directly at 513-399-7526. I would be pleased to assist you.