Finding a probate attorney nearby in Cincinnati, Ohio, isn’t all that difficult. There are many attorneys in the Cincinnati metro area who can help. But choosing the RIGHT one for you could be a challenge.
Let’s begin by defining when and why you need a probate attorney. I’ve found that those who have had to hire a probate attorney at some point don’t need an explanation. It’s not something you forget quickly. Probate is no one’s idea of a good time and should not be considered, in my opinion, a DIY activity.
So – What is Probate, and Why Do You Need a Probate Attorney?
According to Findlaw, “In Ohio, probate is the legal process that happens after a person (the decedent) dies, regardless of whether the person died with a valid will or without a valid will. If a decedent dies with a will, then their property is distributed according to the will.” If a person dies without a will their property passes according to the Ohio statute of descent and distribution.
Do You Need a Probate Attorney If there is a Valid Will?
If the deceased did have a will, it is still a good idea to work with a probate attorney to make sure things progress as swiftly as they should. There is still paperwork to be processed with the Court, non-probate assets to transfer, the decedents final bills, final tax return and the like and an experienced probate attorney will make sure all the details are correct.
Do You Need a Probate Attorney if there isn’t a Valid Will?
The process would be a “horse of another color” if the deceased did not have a will. It might still be relatively fast, but many times it is not. Mostly it depends on the extent of assets, number of heirs, the amount of debt, and more. Without a will, the state of Ohio will step in and make decisions on behalf of the deceased. The state doesn’t care if heirs were or weren’t in touch anymore with the deceased. They don’t care if the deceased “promised” the vintage T-bird to a nephew – without legal documentation, it’s meaningless. Things can be very complicated in probate. So the answer is a resounding yes — you do need a probate attorney if there isn’t a valid will.
Finding a Probate Attorney near You in Cincinnati
You may not want to drive long distances to work with an attorney. If that describes you, narrow your search to those attorneys online who are probate attorneys who you feel are relatively convenient. Of course, I always suggest you ask friends, colleagues, or neighbors, if they have worked with a probate attorney AND if they were satisfied with the services.
You should have at least a few to choose from between your search and your solicitation of referrals.
Which Probate Attorney near You is the RIGHT One?
Your next step should be to determine if the attorneys under consideration focus on estate planning, probate, etc. or if it is just one of several services they offer. As with any service, it is usually best to hire the individual demonstrating the hands-on experience you need. For example, if you drive a Jaguar, wouldn’t you be more comfortable having it serviced by a mechanic who specializes in Jaguars vs. a mechanic who maybe has worked on them a few times? An attorney who routinely helps clients with the probate process will be familiar with the requirements, the paperwork, recent changes, etc. Doesn’t it make sense to be guided by someone with that level of experience? Of course, it does.
Feel free to call me at 513-399-7526 or visit my website www.davidlefton.com for more information. Since my firm is centrally located in Oakley, I hope to be considered the “probate attorney nearby” when you are ready to create or update your estate plan, your will or need my assistance with probate.