Ohio Probate Law Explained The legal procedure following an individual’s death in Ohio is called “probate.” This is the case regardless of whether or not the deceased prepared a valid will. If a deceased (or ‘decedent’) left a will, then the estate is divided following the terms of the will. Ohio probate rules govern how the deceased’s assets are allocated following death if there is no will. Probate may not always be necessary, depending on the deceased’s assets. How Probate Works In Ohio Probate starts when the court names a personal representative to oversee the estate’s administration. Thi ..read more

Payable-on-Death (POD) Accounts Explained One of your goals in your estate plan should be to protect as many assets as possible from the probate court process. One tool you can consider is a payable-on-death account. A payable-on-death account is a type of account where a client designates beneficiaries who receive all of the assets in the account at the immediate moment of the death. This agreement between the bank or credit union and the owner of the assets is easier to create than most trusts but still helps protect the assets from the probate court. Because this type of account is so easy ..read more

Joint Tenancy Explained “Joint tenancy” and “survivorship” are related terms that refer to how real estate and other assets can be titled. With joint tenancy, the real estate is titled to two or more people jointly, and each owner possesses an equal share of the real estate and is entitled to live on the entire premises. In a joint tenancy, any co-owner can access all parts of the property without limit and can be at the property at any time. It doesn’t matter if they live together or separately. The main feature that defines a joint tenancy from other ownership rights is that the surviving co ..read more

Do You Need To Probate? Probate in Ohio is the legal process that determines the value and distribution of the assets of a deceased person, known as a decedent, who was an Ohio resident at the time of death. Probate is necessary to protect the decedent’s assets for the heirs, creditors, and others with a vested interest in the estate. In addition, probate handles the payment of outstanding debts and taxes and oversees how the remaining assets are distributed to those entitled to receive them under the decedent’s will or by law. What Is Involved in Probating an Estate? Probating an estate requi ..read more

Probate Litigation Explained If you are a beneficiary, executor, or interested party preparing for probate litigation, you may feel a bit overwhelmed. The passing of a loved one or friend is an emotional time compounded by the stress of their affairs, bank accounts, property, possessions, and even debts. These affairs are handled during probate, but it doesn’t always go smoothly. If an executor is challenged or a beneficiary disagrees with the proceedings, this may result in probate litigation. Trust Heban, Murphree, and Lewandowski LLC to guide you to the right solution if you find yourself o ..read more

Working With A Probate Lawyer Dealing with the passing of a loved one can be difficult, and the thought of going through probate for that person’s estate can seem overwhelming. But it helps to understand the probate process, and it’s beneficial to have a qualified probate attorney at your side. That’s the time when you should feel free to ask questions—both while selecting a probate attorney and while meeting one for the first time. Whether you’re looking at estate planning, a named executor of a will, or an interested beneficiary, it’s in your best interest to stay as informed as possible abo ..read more

Here To Help Have you filed a life insurance claim and been denied? Are you in the process of filing and worried about the potential outcome? The passing of a loved one is already a traumatic and stressful experience. Don’t let a denied life insurance claim add worry to an already difficult process. At Heban, Murphree, and Lewandowski, we know how to fight insurance companies who think they can get away with denying claims unjustly. They use creative tactics to deny you the money you need, and we’re here to help. Let’s learn about the tactics they use and how to fight them successfully. What ..read more

Contesting A Will Executor The executor of a will is the most critical player in ensuring that your loved one’s wishes are carried out correctly. They are responsible for ensuring that beneficiaries receive a prompt and fair inheritance, that the estate is financially secure and all debts are valid and paid, and that the probate process proceeds smoothly. The executor of a will ensures a will moves through probate rapidly. An unfit executor can hold up an inheritance for an extended period. Executors are people. They change over time, are influenced by greed, or can be deceiving. An executor o ..read more

Examples of Breach of Fiduciary Duty Trust is important. There is no doubt about that. Whether it’s involving a business relationship or managing as estate, the breaking of that trust is called a “breach of fiduciary duty” and can lead to all manner of problems. Discovering that there have been suspect legal or financial incidents among partners, managers, employees, or trustees can result in considerable burdens for businesses and individuals. If you believe a breach of fiduciary duty has occurred, you’ll want to contact an experienced litigation attorney right away to guide you through your ..read more

FAQ: Wills and Trusts No one likes the idea of planning for one’s passing, but it does provide absolute peace of mind knowing that you can have a say in how your assets are distributed after you’re gone and that your survivors are taken care of. But the process of creating a will or trust can be complicated, and, understandably, you have any questions. Here are some of the more frequently asked questions regarding wills and trusts, along with the answers to get you started. What is a will? A will is a legal document that, upon your passing, presents your wishes concerning who receives your pro ..read more