Tag Archives: executor

Procedures for Selling Real Estate through Ohio Probate Estates (Part 2 – Land Sale)

land_saleClick here to read Part 1 – Testate & Intestate

Our firm is regularly asked by our clients to assist with the sale of real estate in Ohio probate court. This article provides a brief overview of the sale real estate in a probate estate through a land sale. Having experienced legal counsel to assist with the sale of real estate through estates is important for making sure that the transaction proceeds smoothly and properly.

When a person dies owning Ohio real estate that is either titled in the name of the decedent only, or is titled as tenants in common (as opposed to being titled as joint tenants with rights of survivorship), the title to the decedent’s real estate immediately vests by operation of law in beneficiaries who are entitled to inherit the real estate under the decedent’s Last Will and Testament (a testate estate). If there is no Will, the title to the decedent’s real estate immediately vests in the decedent’s heirs at law (an intestate estate). The rights of the beneficiaries or heirs to the decedent’s real estate are subject to divestment if the real estate needs to be sold to pay the decedent’s debts, or if the real estate is otherwise sold pursuant to a procedure below. Continue reading

Procedures for Selling Real Estate through Ohio Probate Estates (Part 1 – Testate & Intestate)

real_estateOur firm is regularly asked by our clients to assist with the sale of real estate in Ohio probate court. This article provides a brief overview of the ways real estate can be sold through a probate estate in a testate or intestate estate. Having experienced legal counsel to assist with the sale of real estate through estates is important for making sure that the transaction proceeds smoothly and properly.

When a person dies owning Ohio real estate that is either titled in the name of the decedent only, or is titled as tenants in common (as opposed to being titled as joint tenants with rights of survivorship), the title to the decedent’s real estate immediately vests by operation of law in beneficiaries who are entitled to inherit the real estate under the decedent’s Last Will and Testament (a testate estate). If there is no Will, the title to the decedent’s real estate immediately vests in the decedent’s heirs at law (an intestate estate). The rights of the beneficiaries or heirs to the decedent’s real estate are subject to divestment if the real estate needs to be sold to pay the decedent’s debts, or if the real estate is otherwise sold pursuant to a procedure below. Continue reading

My spouse recently passed away, and I found a Will that disinherits me: Do I have any rights?

surviving spouseThis can be a difficult and scary situation to be in. Fortunately, Ohio law does provide protections for a disinherited surviving spouse. Meeting with an experienced probate attorney is a must in this situation to timely and effectively protect your rights.

As a surviving spouse in Ohio, you have many rights provided by law. Specifically, Ohio Revised Code Chapter 2106 provides the details of rights of a surviving spouse.  A brief overview of these rights is provided below. There are very specific timelines and procedures to follow, so do not delay in meeting with your attorney to make sure everything is handled properly.​ Continue reading

Components of a Simple Estate Plan

Estate PlanningMeeting with experienced and affordable estate planning attorneys is a must to determine if a simple estate plan is best for you and your family.

There are four basic pieces to a simple estate plan: 

  • Will
  • Durable financial power of attorney
  • Health care power of attorney
  • Living will (if desired)

Continue reading