PROBATE AND POST-DEATH ADMINISTRATION
We help you in navigating the legal process of probate, non-probate transfers and trust administration. Our responsibilities include identifying probate and non-probate assets, preparing the appropriate forms and documents, and assisting the Executor, Administrator or Trustee with filing necessary documents. We represent the Executor or Administrator of the estate in court, address creditor claims, provide appropriate information to beneficiaries, and ensure the proper distribution of assets according to the deceased person's will or applicable laws. A probate lawyer guides clients through the complexities of the probate court process, aiming to streamline the process and provide effective and efficient resolution of the estate for its beneficiaries.
Post Death Administration may include actions in Probate Court, other Non-Probate Asset Transfers and Trust Administration.
- Probate Court: Probate court is a specialized court that handles matters related to the administration of a deceased person's estate. Probate is the legal process through which the court oversees the distribution of a deceased person's assets and settles their debts. It involves validating the will, identifying and appraising assets, addressing outstanding financial obligations, and distributing the remaining assets to the designated heirs or beneficiaries. The probate process ensures a systematic and lawful transfer of the deceased person's estate.
- Non-Probate Assets: We help with preparing and filing appropriate documents related to non-probate assets, such as deeds, business succession, and beneficiary claim forms.
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Trust Administration: Trust administration is the process of managing and overseeing a trust once it has become irrevocable, either at creation or because the trust’s creator (grantor or settlor) has died. The individual responsible for the administration is often referred to as the Trustee. Trust administration involves several key tasks, including:
Notices and Accounting: Ohio requires certain notches be provided to beneficiaries and periodic accountings be provided.
Asset Distribution: The Trustee is responsible for distributing the trust's assets to the beneficiaries according to the terms outlined in the trust document and in accordance with the Ohio Trust Code.
Payment of Debts and Taxes: The Trustee is responsible to determine whether there are any valid debts, taxes, or expenses related to the trust that need to be paid. This may involve selling assets or using trust funds to cover these obligations. In addition, the Trustee may be responsible for filing income tax returns on behalf of the trust.
Trust Settlement Agreements: certain agreements may be utilized in the settlement of a trust to resolve matters that aren’t entirely clear from the terms of the trust, to allocate assets among beneficiaries, and to conclude the trust administration, among other things.
We advise our Trustee clients throughout the process of a trust administration to help ensure the Trustee’s legal responsibilities and obligations to the trust, governmental entities, creditors and beneficiaries are met.
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Contact Us:
- 2305 E. Aurora Ed. Suite A-1 Twinsburg, OH 44087
Address
2305 E. Aurora Ed. Suite A-1 Twinsburg, OH 44087