Probate Attorney
Probate is the legal process for administering a deceased person’s estate – collecting the assets, paying the bills, distributing property to heirs and beneficiaries – after the death.
If you have a Last Will and Testament, probate administration will involve proving that your Will is valid, appointment of your chosen executor to execute your instructions, paying your bills and taxes, and distributing the remainder to your heirs and beneficiaries.
Adoptions
Adoption is the legal process by which parental rights and responsibilities and rights of support and inheritance are transferred from “birth parents” to third-party “adoptive parents”. There are several adoption methods.
Agency Adoption involves placing or adopting a child through a licensed child-placement agency versus a “private adoption” between the birth mother and the prospective adoptive parent or parents.
Private Adoption – Although private adoptions are made through the probate court process, they are usually faster than an agency adoption, and more often than not, agencies do not provide the birth mother with legal representation. With private adoption, custody goes directly from the birth parent to the adopting parent.
Step-Parent Adoption – Step-parent adoptions are made through the courts. The child’s last name can be changed and a new birth certificate bearing the adoptive parent’s name is issued.
Grandparent Adoptions – Grandparents can adopt their grandchildren upon a determination that adoption is best for the child. A home study is required and parents are entitled to notice of the proceedings and the opportunity to oppose the adoption. The child’s last name can be changed in this process as well with a new birth certificate being issued. In certain circumstances, Ohio law does not require the consent of either birth parent to proceed with the grandparent adoption.
Single Parent Adoptions – Ohio allows single-parent adoptions by unmarried persons, gay, lesbian, bisexual, or transgender people.
Estate Administration:
“Estate Administration” is the process by which property held under the name of a deceased person is transferred to surviving heirs or beneficiaries. The process is defined in and regulated by the Ohio Revised Code which creates powers and authorities and vests these in the probate court of the county where the deceased lived.
The probate court delegates some of these powers to a “Fiduciary”, either an “Executor” – a person named in a deceased’s Will, or to an “Administrator” – a person appointed by the probate court where the person named in the Will cannot serve or the deceased left no Will.
Pay the creditors
Probate Law and the Rules of Court are often complex; there are filing and notice requirements and deadlines for protecting property rights.
Not all creditors are entitled to payment. Wills frequently require interpretation. Gathering and valuing estate assets can be complicated and overwhelming. Anyone who acts as a trustee needs sound advice, experienced legal representation, and guidance. Those who attempt complex administrations without legal advice risk claims against them for mistakes they make or for breach of fiduciary duty.
Good legal advice and guidance can expedite the probate process and prevent costly errors by:
- Advising a fiduciary about his or her legal duties, and obligations.
- Explaining a Will’s terms and the estate administration procedures.
- Ensuring that required notices are sent to beneficiaries, creditors, and government agencies.
- Identifying, categorizing, gathering, and valuing assets.
- Advice regarding proper distribution of trust assets.
- Advising and negotiating contracts for the sale of real property.
- Preparation of court filings and fiduciary accounts.
- Resolving disputes among beneficiaries.
- Litigation and Mediation services.
- Preparing and filing Federal Estate Tax Returns.
Looking for a Probate Lawyer Near You?
Do you need help with a probate matter?
If you are called to administer a deceased person’s estate in Akron, Canton, Cleveland, Kent, Medina, or Ravenna, or if you have a property interest in a deceased relative’s estate, make an appointment to talk with us. We would be pleased review the facts with you and answer your questions. There is no charge for an initial consultation if you do not retain our services.
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