Estate and Probate Attorney in Cincinnati Ohio » ohio

Who can serve as Administrator and Guardian if no Will

admin — Tue, 29 Mar 2011 08:36:53 +0000

The Probate Court would select the administrator of your estate and guardian’s for any of your minor children. Somebody from your family or otherwise would apply to be appointed the administrator of your estate. The Probate Court would have a hearing to determine the worthiness and capabilities of the applicant. If all of the heirs consent to the appointment, then a hearing is not needed. If two or more people apply, then the Probate Court will have a hearing to determine which administrator is more capable.

The administrator must be from the State of Ohio.

This basic process is the same for the selection of the guardians for the minor children. A guardian must be a resident of the State of Ohio and also a resident of the county where the ward resides. There are four exceptions to this rule:

The guardian is named in the will
The guardian is selected by a minor who is over age 14
The guardian is named in a power of attorney

What Is a Last Will And Testament?

admin — Tue, 29 Mar 2011 08:23:14 +0000

A last will and testament is a legal document that identifies where your assets go once you have passed away. There are three main questions answered in a will. First, what happens to your assets when you die? Second, who is the executor of your estate? Third, who will be the legal guardians for your minor children?

In your will, you can identify where your property goes upon your passing. You can be specific as to which assets passes to which beneficiary. For example, “I want my house on Main Street to go to my brother, Steve”. You can also be general as in “The remainder of my estate shall be distributed equally to my two children”. You can create second levels of beneficiary such as “I want my Procter and Gamble stock to go to my sister, Betty if living and if not to my nephew, Tom”.

The executor named in a will is the person or entity that will conduct business on behalf of your estate. They are appointed by the Probate Court and will have legal authority to sell you assets, pay your bills, file your taxes, and to make distributions as indicated in your will. The executor can be a person like your spouse, child, or brother. The executor can also be a bank or Trust company. The executor has a fiduciary duty to follow the terms of your will and Probate Court supervises the process.

The guardian named in your will becomes responsible for your children who are under the age of 18. The guardian exercises parental control and has the same parental power as if they were in fact the parent. In Ohio you may name a parent, sibling, or friend not related to you or the child. Ohio allows out of state guardians to be appointed.

Probate Court

admin — Tue, 29 Mar 2011 08:10:05 +0000

Probate Court in Ohio has jurisdiction over the process of administering a person’s estate when they die. It has jurisdiction over will contest, mental health proceedings, guardianships, and it issues marriage licenses. In the larger counties, the Probate Court is a separate part of the Common Pleas Court system. It has its own Judge who handles only these matters. In the smaller counties, a Judge will handle probate, criminal, and civil matters and there is not a separate Judge for probate.

Disclaimer

admin — Tue, 29 Mar 2011 08:02:09 +0000

The materials provided in this website are intended for informational purposes only. It is general in nature and may not reflect current legal developments or the current state of the law. It should not be regarded as professional legal advice and should not be relied on or acted on in any way without consulting qualified legal counsel.

Although there may be example facts and/or legal results referred to on this website, it is important to recognize that the necessity and advisability of legal services or legal action, and potential results depend on the varying factors that must be evaluated in each case.

Neither transmission nor receipt or use of the information on this site will constitute or create an attorney-client relationship, nor is the information provided on this site an invitation to an attorney-client relationship. Any information you communicate to us by e-mail or in any other manner will not be assured of confidential treatment. We will assume that any information you send is not confidential.

For your convenience, we have provided links on this site to additional sites we think may be of interest. We do not sponsor, endorse or otherwise approve of the content of those other sites, and do not warrant the accuracy or completeness of any other site to which we provide a link or which provides a link to the OhioProbateAnswers.com.

Welcome

admin — Tue, 29 Mar 2011 07:56:24 +0000

Thank you for visiting this site. It is maintained by Cornetet, Meyer, Rush & Kirzner Co., L.P.A., an Ohio law firm which serves clients in Hamilton County, Butler County, Clermont County, and Warren County. This is an informational site about the estate laws of the State of Ohio.

Coping with the loss of a loved one is always difficult. Your fear and anxiety can stem from many unanswered questions about your future and finances. Going through probate, dealing with a lawyer, and making financial decisions may be overwhelming.

This website is designed to answer some of the questions that you may have about the estate administration process, taxes, and probate. The loss of a loved one is emotionally and physically draining. To add to the difficulties you have to deal with areas of financial and legal issues that are completely foreign and complex. You will have to deal with lawyers, appraisers, the court, and creditors. The proceeding can be time consuming, overwhelming, and expensive.

The purpose of this site is to help you understand in a simple manner the complex rules that you may be facing. Hopefully, it helps to ease your tension and makes a difficult time easier.

Most important of all, this site allows you to get answers to your questions. You can contact a Probate Attorney with your question and receive a response within 48 hours.