Solomon, Steiner & Peck, Ltd.
Call today for a consultation:
216-245-0185 / 866-642-0932

Posts tagged "Estate Administration & Probate"

Handling debt when a spouse passes

When a spouse dies, the surviving individual is not automatically liable for his or her remaining debts. Generally, an Ohio resident is only liable for a spouse's debt if it was jointly held or if there was some sort of guarantee made on the balance. However, a surviving spouse may be indirectly liable for a debt because creditors could seize any assets that were supposed to transfer to that person. The living spouse would then receive a portion of that inheritance or nothing at all depending on what was owed.

The duties of an estate executor

Some people who have been named as executors of an estate in Ohio might wonder what will be involved in the process. The first step for an executor is to get copies of the death certificate. This will be necessary to notify various agencies, organizations and businesses such as the Social Security administration, life insurance companies, banks and more of the person's death. It is also necessary to locate the will or the trust although the executor or the attorney who prepared them might already know where they are.

IRS temporarily softens portability election rules

Ohio residents may be aware that the unused portion of a deceased individual's federal estate tax exemption can be used by their surviving spouse, but they may not be aware that the strict paperwork required to obtain an extension for what is known as a portability election has led to the Internal Revenue Service being inundated with requests from executors. This soon developed into a major problem for the cash-strapped federal agency, and it announced in June that it would be addressing the issue by temporarily softening the rules dealing with portability election extensions.

Duties in estate administration

Ohio residents who have been named the executor of a loved one's will might wonder what their responsibilities are. Usually, the first thing that must be done in such a situation is identifying and securing assets. They should obtain several copies of the death certificate since this will be necessary in some cases. Other types of assets may involve filing a claim or other actions.

Using trusts to avoid probate

The probate process is something most Ohio residents would rather avoid. It is a lengthy legal procedure that ensures assets are disbursed according to a deceased person's wishes. Probate often involves high legal fees that can be avoided in part or in full by keeping the assets out of probate. The good news is trusts can be created to keep almost any kind of asset from falling victim to probate losses.

Executors who fail in their duties can be replaced

An Ohio resident who has been named the executor under a person's will has an important job. The executor is responsible for inventorying the contents of the estate and then distributing the assets to beneficiaries as provided for in the will. Any financial or tax-related decisions that the executor makes must be made with all of the beneficiaries in mind.

Estate plans and probate considerations

Ohio assets could be subject to probate in the event of their owner's death if certain steps have not been taken to avoid this situation. For example, an intestate estate would be handled through probate to ensure that distribution of assets reflects the laws related to inheritance in the state. Even when an individual leaves a will, a document that has not been handled legally could be subject to changes in the distribution of one's belongings. However, people who are concerned about their wishes being carried out can take several steps to minimize the potential for probate activity.

Duties of an executor

Ohio residents may be asked by their friends or loved ones to serve as the executor under their wills, but they may not fully understand what they are being asked to do. Settling an estate may take as long as two years, and executors must be organized and have a good head for finance. It is not necessary to be a financial or legal expert as professionals can be hired to offer guidance, but executors are expected to make sound decisions and communicate effectively with the named beneficiaries in the will.

The process of removing an ineffective executor

Ohio residents who have prepared their wills know that they have appointed an executor to handle the affairs of their estates after they die. While the executor ideally manages the estate in a timely manner, there are often times when an estate beneficiary may wish to make a change. If an executor is not performing his or her duties competently, there are several options available to beneficiaries. The first step may be to draft a formal letter of demand that makes a request of the executor to timely and economically administer the estate.

Usefulness of living trusts extends beyond avoiding probate

Probate in Ohio is the process by which a will is recognized and a personal representative or executor is appointed to pay debts, distribute assets and otherwise administer the decedent's estate. Many states have laws allowing for simplified probate procedures, which can make the process less expensive and more efficient, depending on the facts of the case.

2005 BBB Torch Award Recipient Recipients of the 2005 BBB Torch Award Honoring Business of Integrity

  • ASNP
  • CMBA Green Certified 2107-19
  • member of the national eldercare matters Alliance
  • NAELA
  • Golden opportunities
EMAIL US FOR A RESPONSE

We are here to help. Contact our attorneys today.   

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Mayfield Heights Office
6105 Parkland Boulevard
Suite 140
Mayfield Heights, OH 44124

Toll Free: 866-642-0932
Phone: 216-245-0185
Fax: 216-595-2787
Mayfield Heights Law Office Map

Independence Office
6100 Oaktree Blvd.
Suite #200 - Park Centre 1
Independence, OH 44131

Toll Free: 866-642-0932
Phone: 216-245-0185
Fax: 216-595-2787
Map & Directions

Westlake Office
PS Executive Centers
1991 Crocker Road
Suite 600
Westlake, OH 44145

Toll Free: 866-642-0932
Phone: 216-245-0185
Fax: 216-595-2787
Map & Directions

Mentor Office
5966 Heisley Road
Ste 201
Mentor, OH 44060

Toll Free: 866-642-0932
Phone: 216-245-0185
Fax: 216-595-2787
Map & Directions

Review Us