There are several important considerations that are handled by probate courts in the state of Ohio. Probate courts are responsible for adoption cases, issuing marriage licenses, and managing name changes, as well as handing decisions regarding the property and affairs of those who unable to make decisions for themselves due to age or disability. Many people, however, associate probate with the death of a family member.
At Erb Legal LLC, we recognize that probate proceedings can quickly become complex, especially if any part of the decedent’s estate plan is contested. Our skilled probate attorneys can help you protect your rights and those of your deceased loved one.
Probate is a court-supervised proceeding used to administer specific types of property, known as probate property, that is owned by an individual who has passed away. Probate property includes any assets that are titled only in the decedent’s name, and the proceedings take place in the county where the deceased person resided. If the decedent owned real estate outside of Ohio, additional probate proceedings may be required in the court with jurisdiction over that property.
During probate, any claims made against the decedent’s estate will be addressed, and expenses and taxes will be properly paid. Any remaining probate property will then be distributed to the heirs as instructed by the estate plan and applicable state laws. The process of probate can be both time-consuming and expensive, and a wide variety of concerns may arise, including:
Due to the personal nature of such cases and the emotions that are often involved, probate matters have the potential to create serious problems for family members. That is why it is crucial to find an attorney who will take the time help you to fully understand the big picture. At Erb Legal LLC, we put our clients first, and we will work to find a solution that meets your needs. Our attorneys will advise you on all of your available options and help you take action to ensure that your rights are protected.
There are many factors that could contribute to the need for estate or probate litigation. For example, if a non-family caregiver is unexpectedly given a suspiciously large portion of your loved one’s estate, there may be cause for concern. Similarly, you may also need to take action if the decedent’s will and other estate planning tools create a drastically different situation than what you and your family were expecting.
The probate court can set aside a will if it can be shown that the will was created under duress or fraudulent circumstances. Undue influence by someone else, the lack of testamentary capacity, or the failure to meet statutory requirements could also invalidate the decedent’s will. In many cases, however, setting aside a will is only the first step. The probate court must then determine if a previously-executed will should be honored. Our attorneys will help you analyze your family’s situation and assist you in pursuing the best course of action for your unique circumstances.
If you have questions about the process of probate in Ohio, contact our office. Call (330) 446-3606 to schedule a free consultation with a member of our team today. Erb Legal LLC serves individuals and families in Medina, Wadsworth, Brunswick, Akron, Wooster, Rittman, Summit County, Wayne County, and Medina County.