Dealing with the death of a loved one is difficult enough. Handling the financial matters that come with it can be overwhelming and disorienting. The following is a list of initial steps to take when a loved one passes away. If the steps seem too much for you to handle in this challenging time, consider asking for the help of friends, family and a probate attorney.
Funeral and Burial
The funeral and burial or cremation arrangements must be made. It would be wise to review the deceased’s records to see whether any prepaid funeral arrangements were made. You may wish to prepare an obituary as well.… Read the rest
Thanks to changes in Ohio law, there is now a clear procedure for wards and family members of wards seeking court intervention when a guardian isn’t meeting the requirements of his job. Every county probate court is required to have procedures in place to evaluate guardian complaints and if the complaints merit it, set the same for hearing. The court may also schedule the relevant parties for mediation. In more extreme cases, an action may be needed to remove the guardian.
To find out more about a guardian’s responsibilities, the wards rights and the options available to wards … Read the rest
Under Ohio law, if a beneficiary (a person entitled to inherit property) under a Last Will and Testament, with the power to control a will withholds it from probate for one year after the death of the testator (the person whose will it was) intentionally and without reasonable cause, the property devised (to be inherited) by the beneficiary will pass as if the beneficiary had predeceased the testator.
What that means in a nut shell is that if you are holding onto a Last Will and Testament, of your mother or father for instance, and he or she dies and you don’t deposit the Will with probate court within… Read the rest
In Estate of Dorothy M. Cvanciger, an Eleventh District court case decided in October 2015, the Court found that a surviving spouse was entitled to his statutory allowance for temporary support of $40,000 following his wife’s death, despite the executrix’s assertion that the surviving spouse waived his allowance by not filing a motion within five months of the executrix’s appointment. The Court found that unlike other rights of a surviving spouse under Ohio law, a surviving spouse does not waive the right to an allowance for temporary support by not exercising the right within… Read the rest
Often, people come to my office seeking to avoid probate. They often report having heard frightening stories about the time and cost of the probate process but aren’t sure exactly what probate is. I will break down the basics in this post.
What is probate?
When a person dies, his financial affairs must be settled. There may be funeral expenses, medical and creditor bills that have to be paid. Assets may also need to be consolidated and distributed.
If that person has assets that did not transfer by way of trust, deed or contract, then the payment of funeral bills, medical and creditor bills, and … Read the rest