Limited Clients. Proven Results.
Alliance Probate Law Firm Stiefvater Law, limits the clients it represents at any given time in order to provide efficient and cost effective service to clients throughout the probate process. Probate is the legal process through which a decedent’s estate is administered when a person dies.
Probate in its simplest form is a legal process that results in the transfer of assets from the decedent to a living person or persons. Probate can be expensive – in both time and money. Many people chose to avoid probate by establishing an estate plan while they are still alive. A proper estate plan can save the heirs and estate time and money and ensure that the decedent’s assets are distributed according to their wishes.
Under the law, assets are either deemed probate assets or non-probate assets. Probate assets must go through the legal process of probate in order for ownership to transfer. Assets that are considered non-probate assets do not need to go through probate to change hands. Alliance Probate Attorney Robert Stiefvater will sit down with you and go through each asset to determine whether or not it is a probate or non-probate asset.
Probate assets, among other items, consists of individual assets, tenant in common assets, Assets with predeceased beneficiaries or no beneficiary named, and assets left out of a trust. Most non-probate assets are those with named beneficiaries.
Individual assets are assets titled in the decedent’s sole name without co-owners or beneficiary designation. Individual assets often include real estate, bank accounts, investment accounts, stocks, bonds, vehicles, boats, and business interests. Individual assets can also include personal property such as artwork, collectibles, and memorabilia.
Non-probate assets include assets with named beneficiaries, including payable on death or transfer on death, joint accounts, certain forms of real estate ownership, and items left properly titled to a trust.
Call our Alliance Probate Law Firm and get a free consultation to discuss the specifics of your probate situation.
When someone dies without a will, the estate is considered intestate. In this situation, the laws of the State of Ohio direct who gets what from the decedent. The law generally directs the division of the assets among the surviving spouse, children, and lineal descendants. Step-children come after all other blood relations. If no one is there then the property goes to the State of Ohio.
The law provides for many simple and not so simple situations. What follows are some example provisions from the Ohio Revised Code:
2105.061 Real property subject to monetary charge of surviving spouse.
Except any real property that a surviving spouse elects to receive under section 2106.10 of the Revised Code, the title to real property in an intestate estate shall descend and pass in parcenary to those persons entitled to it under division (B), (C), or (D) of section 2105.06 of the Revised Code, subject to the monetary charge of the surviving spouse. The administrator or executor shall file an application for a certificate of transfer as provided in section 2113.61 of the Revised Code, and the application shall include a statement of the amount of money that remains due and payable to the surviving spouse as found by the probate court. The certificate of transfer ordered by the probate court shall recite that the title to the real property described in the certificate is subject to the monetary charge in favor of the surviving spouse and shall recite the value in dollars of the charge on the title to the real property included in the certificate.
Probate Lawyer Robert Stiefvater understands the emotional weight of losing a loved one. He will handle the legal probate process so you can focus on the healing process.
Call the Alliance Probate Lawyers at Stiefvater Law to find out if we are currently taking on new clients. We are the Probate Attorneys in Alliance, Ohio, 44601.
Zip Codes in Alliance, Ohio: 44601, 44650
Links to our Alliance, Ohio practice areas:
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