A probate attorney in Cincinnati is also referred to by other titles: an estate attorney or an estate lawyer. This lawyer’s job is to take you through the process of probate, from start to finish.
Ohio has different probate laws than other states, so your probate attorney will know the fine points and latest versions of Ohio state law regarding estates.
Whether you are the executor of the estate, or one of the beneficiaries who will be inheriting assets from the state, the probate attorney can assist you.
Understanding The Role Of A Probate Attorney
Probate details differ depending on whether the decedent (the person whose estate we are discussing) died testate or intestate. To be “testate” is to have a valid last Will and Testament, and to be “intestate” is to lack such documentation. If any of the beneficiaries — or other interested parties — contest the Will, the situation may be handled by the probate attorney, as well as estate litigators, or probate litigators.
Here are some of the ways the Cincinnati probate attorney can assist you:
- By helping you sell property from the estate
- By dealing with taxes, including income taxes
- By keeping track of the checking account for the estate
- By offering advice on the handling of the decedent’s outstanding bills and debts
- By assisting with the rollover and elections for IRAs, 401[k]s, and other retirement accounts
- By filing all documents that the probate court requires
- By helping to find the right appraiser to appraise the decedent’s property and assets
- By collecting the proceeds from life insurance accounts
If there are estate taxes or inheritance taxes to be paid, either to the I.R.S. or to the state of Ohio, your probate attorney can help determine what money from the estate can be used to pay those taxes as well.
Hopefully there are no disputes between beneficiaries, but if there are, the probate attorney can help settle those disputes.
Keeping The Process Going
Another major way a probate attorney in Cincinnati can assist their client is by managing the probate schedule. Knowing the deadlines — the date after which creditors can no longer make claims against the estate, for one — can help the executor manage the process. Understanding how long the probate case needs to stay open, or any other issues surrounding the necessary steps, is part of a probate lawyer’s expertise.
A Source For Advice
Most executors are unfamiliar with the probate process. This is a common situation, and not something to fear. Your probate attorney is there whenever you have questions, and can advise you if any actions should be taken or avoided over the course of the estate’s resolution.
A probate attorney can also order the death certificates. Dealing with I.R.S. can sometimes be a confusing process as well, and your attorney can handle and file the decedent’s posthumous tax returns.