» Probate

Executor of Estate: What are the Requirements in Ohio?

January 23rd, 2012
The executor of an estate must meet several requirements and be approved by the probate court before he or she may proceed with the probate of real estate and other assets in the estate. If the executor chosen by the decedent does not meet the requir… Read More

Ohio Living Probate: What Is It?

January 12th, 2012
Living probate is a court proceeding to determine whether an individual is incompetent of handling their personal care and financial resources and assigning guardianship over the person and/or estate if they are found incompetent. The intent of these… Read More

An Ohio Probate Attorney’s Answer to the Question: ‘What is Incapacity and How is it Determined?’

January 12th, 2012
Ohio probate attorneys frequently get asked by clients to explain what ‘incapacity‘ means. This is a common question because many power of attorney documents, living wills and revocable trusts have powers or provisions that become active… Read More

Ohio Probate Law: What Assets Must Go Through Probate Upon Death?

January 12th, 2012
Ohio probate law requires any property owned by the decedent alone at the time of death to go through probate if it is not jointly owned with survivorship rights, titled to a trust, or have a beneficiary designated. Even if you have a will, property… Read More

How Does Ohio Probate Law Handle Probate of Real Estate?

January 12th, 2012
When going through probate, an estate’s real property or real estate is distributed to heirs by the probate court as proscribed by the deceased’s will. If there is no will or the will is determined to be invalid, the court will distribute… Read More

How Does Ohio Probate Law Handle Life Insurance and Financial Instruments in the Probate of an Estate?

January 12th, 2012
Life insurance payouts and financial instruments (including bank accounts, individual retirement accounts, retirement plans and institutional accounts that are “payable at death”) avoid probate as long as a beneficiary is named in the pol… Read More

Joint Tenancy with Survivorship Rights: Will Our Home Avoid Probate?

January 12th, 2012
“Joint tenancy” and “survivorship” are terms that refer to a particular way that real estate and other assets can be titled. Joint tenancy means that the real estate is titled to two or more people jointly. Each of the owners… Read More

Challenging a Will in Ohio: What Circumstances Make a Will Invalid?

January 9th, 2012
Challenging a will usually occurs when a family member of a deceased person believes the will does not reflect the true wishes of its creator or is otherwise invalid. Sometimes the challenger contests the will with a motive for selfish gain, but more… Read More

Probate & Estate Q & A

October 25th, 2011
Probate of an estate often raises many questions. In this post, I’m going to answer the four most commonly asked questions about the probate process. First, though, a brief explanation of the process . . . Probate begins when a Ohio probate lawyer,… Read More

Revocable Trusts — When to Use Them and Why

August 2nd, 2011
Revocable trusts and the assets they hold are less secure against lawsuits or nursing home expenses than irrevocable trusts because the trust creator has the ability to revoke the trust and regain ownership of the assets it holds. As a Dayton trust a… Read More
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