As a probate attorney in Cincinnati, Ohio, I’ve worked with clients who are experienced and prepared to handle their responsibilities as an executor of a will with a complete understanding of what probate is and what will happen. But to be honest, those clients are rare. Most clients, if they have any experience with the probate court, have either forgotten the details or were in such a state of grief over their loved one’s passing it was all a blur.
Let’s define probate and a few potential situations you might find you need a probate attorney in Cincinnati. A few weeks ago, I quoted the American Bar Association regarding the definition of probate as follows: “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.” While the court system does not intentionally make the process complex or frustrating, most who try to navigate it without the assistance of a probate attorney probably wish they hadn’t even tried. It is complicated. Probate attorneys like me are familiar with the process, the local rules each Probate Court has, the deadlines, the paperwork, etc. Our experience means a lot.
I want to say that you always have a choice if you are facing probate; to go it alone or work with a probate attorney. You are not legally required to hire an attorney. But I would estimate that virtually all who have gone through it without the help of a probate attorney wouldn’t recommend it. Now to the “What Now?” part of this post. In other words, what is the situation you may find yourself in when needing to hire a probate attorney in Cincinnati, Ohio? It is difficult to outline all the situations, but the following are two common scenarios.
A PARENT, SPOUSE, SIBLING, OR ANOTHER LOVED ONE DIES & YOU ARE NAMED EXECUTOR OF THE WILL
When you were informed (or maybe you weren’t) that you were being named executor of the will, you probably said “Ok” and didn’t give it a second thought. No one wants to think about the day their loved one will die, plus it is always assumed it will be well into the future. But that day arrives, and now as executor, you have the responsibility of filing a petition with the probate court letting them know of your loved one’s passing. Other heirs will be notified. There are deadlines. There is paperwork, sometimes a lot of paperwork. Having a probate attorney help you navigate it all will end up save you time and stress. And generally, the probate attorney’s fees are covered by the assets, so you’re not out of pocket, which is good to know.
YOUR LOVED ONE DIED WITHOUT A WILL
This is called dying intestate. When this happens, the state in which the individual died will step in and determine how the assets will be distributed. Sometimes it is simple if there is only one heir, for example. Other times it becomes pretty contentious; relatives fighting over assets and keepsakes. The state generally appoints an administrator, often the heir (or one of the heirs), and the process continues. Creditors need to be paid. Assets distributed. Perhaps real estate sold. It can be long and laborious. All while you are grieving the loss of your loved one. Having a probate attorney help you is highly recommended.
So if you find yourself debating whether you need to hire a probate attorney here in Cincinnati, Ohio – the “Now What”? question – my opinion is you can take the “hard way” and try to navigate the probate process yourself or take what I think is the “smart way” and hire an experienced Cincinnati probate attorney. I would be honored to help you so you can spend your time and energy in positive and impactful ways, such as helping your family members get through this difficult time. Please feel free to call me at 513-399-7526 or visit the section of my website devoted to probate https://davidlefton.com/services/probate-and-trust-administration/ for more information.