A Firm Offering Comprehensive Probate And Estate Administration Services
Probate is the court-supervised process where a deceased person’s estate is managed and eventually distributed to his or her heirs. The process can be long, complex and expensive, which is why it is important to work with an experienced attorney. At Legacy Law Firm, LLC, we can help guide you through the process to keep probate as quick and simple as possible.
Estate Administration When There Is No Will
If you do not have a will, or if your will does not comply with all the necessary legal formalities, then your assets will pass via “intestate succession.” That means that you will have no say in where your things will go, nor who will be the one to manage your estate. Any assets in your probate estate will pass according to whatever Ohio’s statute of descent and distribution says at the time you pass away. (Section 2105.06 of the Ohio Revised Code)
Without a will, additional restrictions and limitations are applied to your heirs. For example, an executor under a will can live in another state; this is not so without a will. Similarly, a will can include a waiver of bond where you can request that your executor not be required to purchase a probate bond. These bonds are there to address any problems that may arise during probate, but they can be expensive and are often not needed.
Estate Administration When There Is A Will
Probably the most common misconception that we hear is that people think wills help your estate avoid going through probate. Unfortunately, that is not true. Having a will makes probate easier, quicker and simpler in most cases, but probate is still required.
When preparing a will, you nominate who you would like the probate court to appoint to be the executor. That person is given preference, but it is ultimately up to the judge. Similarly, you nominate who you would like to be the guardian if you have any underage or disabled children you care for.
The other main thing a will does is allow you to control who inherits the things you own which are subject to probate. This gets confusing as people often do not understand which items are subject to probate and which are not. If a will attempts to give a non-probate item to someone, it will be ineffective.
Discuss Your Legal Needs During A Free Initial Consultation
If you need answers to questions about probate or want to learn more about your options, Legacy Law Firm, LLC, is pleased to offer free initial consultations at our office, via phone/video or at a location convenient for you. To schedule your first meeting, call us in Cuyahoga Falls, Ohio, at 330-529-7070. You can also fill out an online contact form.