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Valley View 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 is a legal process that occurs when a person dies with probate assets. The probate process can be slow and expensive. Estate planning is often done to avoid probate. Benefits to avoiding probate include saving the heirs and the estate time and money, simplifying the overall process after a loved one’s death, and can ensure that the decedent’s assets and wishes are carried out after death.
An individual’s assets are considered either probate assets or non-probate assets. Probate assets are those items that must go through the probate process to transfer ownership. Likewise, non-probate assets do not need to go through the probate process to transfer ownership. Probate Attorney Robert Stiefvater will sit down with you and advise which assets are probate assets and which assets are non-probate assets.
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.
Tenant in common assets are assets titled in the decedent’s name as a tenant in common with one or more individuals. This is most common with real estate but can also apply to other assets. Tenants in common should not be confused with joint tenants or other rights of survivorship titled assets which do not require probate.
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.
Get a free consultation with one of our Valley View Probate Attorneys and get answers to your questions.
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.
When a loved one dies the entire situation can easily feel overwhelming. Our Valley View Probate Attorneys will take the time to answer your questions and keep you informed throughout the probate process. We will handle the legal process so you can focus on the healing process.
Call the Valley View Probate Attorneys at Stiefvater Law to find out if we are currently taking on new clients. We are the Probate Lawyers in Valley View, Ohio, 44125.
Zip Codes in Valley View, Ohio: 44125