Probate And Trust Attorney Cincinnati Ohio
As an experienced estate planning attorney and partner in the law firm of Barron Peck Bennie & Schlemmer, a law firm serving greater Cincinnati, Ohio and Southwest Ohio, I can answer all your probate and trust administration questions. And, I can help you navigate the probate process. You might have questions such as …
What is probate?
What will my role as executor of a will or trustee of a trust be like?
I am the executor of a will or trustee of a trust … what do I have to do now?
Let me help.
Feel free to book a 15 Minute Intro Call with me to learn about my services and fees or schedule an in-person consultation.
First, what is probate?
Probate is the legal process that takes place in the court system after someone dies under which all debts, taxes, and other financial affairs of people who die are lawfully resolved, and assets left, after debts are paid, are distributed to the persons entitled to receive them.
The probate court and process can vary in complexity and difficulty. It usually depends on whether the individual had a will and/or a trust and the nature of the assets subject to probate administration.
The following focuses on the process when the deceased did have a will. Of course, these legal documents make the process much easier for beneficiaries but it can still be challenging for the appointed executor.
If that is your situation … please read on.
The following are some of the responsibilities you, as executor have:
Your primary responsibility is to reduce the level of stress for the heirs while protecting the assets and interests of those beneficiaries as the estate goes through probate. This is accomplished by ensuring all required court documents are in order and deadlines met.
You must submit to the court an inventory of all assets subject to probate (in other words, those items that did not pass outside of probate by operation of law, such as a trust, or otherwise) within a required time limit set by the court. Sometimes it can be difficult to meet the deadline if some property has to be valued or appraised. Note: if the inventory is filed late, the executor can be sanctioned and removed, which would slow the process down.
Settle the decedent’s debts and claims before any assets can be distributed.
In some instances, issue proper notices to creditors. Note: It is not always necessary to pay all the decedent’s outstanding bills immediately, in fact, that might not be a good idea at all. Speak with a probate attorney before paying outstanding bills.
Communication on an ongoing basis with beneficiaries. This is critical and required. For example, providing each with a notice via certified mail that the will has been admitted to probate, along with a copy of the will. And any information that might affect beneficiaries’ rights.
Care for, keep insurance in place, and maintain the estate property so the value doesn’t deteriorate during the probate process.
This can seem overwhelming, even when the deceased had all the legal instruments in place and probate can be more difficult if the decedent does not have a will. Asking for help from an experienced estate planning attorney like me is a smart move. Why try to go it alone when you don’t have to do so? I can help you avoid pitfalls and keep the process running smoothly so matters are settled quickly.
Feel free to book a 15 Minute Intro Call with me to learn about my services and fees or schedule an in-person consultation.
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