Stumbling Blocks That Can Hold Up The Probate Process In Ohio
In this article, you will learn:
- Common mistakes made in estate planning
- Interactions between estate planning documents
- What to expect from navigating probate alone or with an attorney
We need the beneficiaries to cooperate, and we need them to sign waivers, so getting all the family members involved is hard sometimes. Sometimes the next-of-kin disappears, and we can’t get a hold of them. There’s a significant amount of paperwork that needs to be signed, and many beneficiaries don’t like signing paperwork. Additionally, the court is very particular about the paperwork that needs to be filed. They don’t just accept any paperwork; it has to be very specific to what they’re asking for, and weighing the time to get everything wrapped up and done is a lot of work.
Where An Estate Needs To be Probated
It depends on the person being domiciled, and we have to look at their death certificate to see what it says. We file in the county where they passed away.
Going Through Probate Without An Attorney
It is possible to go through probate without an attorney, but based on my experience, once clients see how confusing the paperwork is, they call my office and have us do the paperwork.
Horror Stories Or Mistakes made Trying To Go Through The Probate Process Alone?
Many clients don’t understand the paperwork because they’re very specific forms, and the forms are not basic, they’re very strange. So, somebody that’s not familiar with the forms won’t know what to do. Many clients attempt going it alone, but once the court tells them they’re not going to accept the forms, then that’s when they contact us.
How Soon After Death The Estate Needs To Go Through Probate
Sometimes, you could get the situation handled and filed right away and sometimes we can wait. So, there is a strategic approach to that. Do we have to just automatically run to court when somebody passes away? No, but sometimes, we need a will, if you want. Sometimes we can all go right away, so that just depends upon the situation that’s best for everybody.
Pour-Over Wills Explained
A Pour Over will is for a trust. The reason why we have a pour over will is if there’s excess assets not in the trust, the asset should pour over into the trust. The will needs to get probated because they’ll need a court order that will transfer the assets into the trust. So yes, you will need to go back in court, but if you have a pour over in the trust, it doesn’t expedite the process. We just transfer the assets in the trust and do the accounting.
What Happens To A Business The Owner Dies Concerning Probate
If you own a business and you pass away, we have to see how the business is structured. Then we have to see if you have a partnership or other people have interests in the business first. When I do estate planning, I make sure that that paperwork, the estate planning is within the paperwork in the operation agreement or the partnership agreement so that way, we know if so and so passed away, where everything will be allotted. But if there is no paperwork, no estate planning paperwork or estate planning within the agreements, then we have to go to probate court and the Ohio revised code tells us what to do with that asset.
How Much A Probate Attorney Can Cost
To determine a price, we need to have a conversation about what I need to help you with. So, can it get expensive if it’s complex? Yes, it can. Can it be something simple with some simple attorney’s fees? It can be. But we need to find out more about this individual and what they have first.
For more information on Probate In Ohio, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (330) 222-3898 today.