Tag Archives: probate

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

What is a Dower Right?

deedFor lack of a better word, dower is an “automatic” right in and to certain property provided to a spouse in the property of the other spouse, especially in death. Property includes real property and money, choses in action [a right to sue], evidences of debt [a right to repayment, like under a promissory note], and other personal property. In Ohio, dower is statutory and is found under Ohio Revised Code Section 2103.01 through 2103.09. 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)

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trusts

Benefits of Using a Trust as Part of Your Estate Planning

The idea that you must have complicated estate planning needs before you could benefit from a trust as a part of your estate planning is false. There are some common situations where a family could benefit from having trusts in their estate plans. Meeting with experienced and affordable estate planning attorneys is a must to determine if a trust would benefit you and your family. Continue reading

Ohio Legacy Trust

Does an Ohio Domestic Asset Protection Trust Fit Into My Estate Planning?

Ohio Domestic Asset Protection Trusts can shield your assets from creditors, but only if your trust is drafted, implemented, and funded within a properly structured estate plan. An experienced estate planning attorney is a must when implementing this type of sophisticated trust to ensure that it functions appropriately within your overall estate plan.

The Ohio Asset Management Modernization Act (“AMMA”) was enacted into law and became effective in early 2013. Specifically, the AMMA enacted Ohio Revised Code §5816.01, et seq., also known as the “Ohio Legacy Trust Act”, which creates a unique opportunity for individuals to shelter assets from most creditors. Simply stated, the new law allows for the creation of an irrevocable trust that, if funded properly, can act as a barrier to future liabilities. Continue reading

Ohio Domestic Asset Protection Trust

What is an Ohio Domestic Asset Protection Trust (DAPT)?

An Ohio Domestic Asset Protection Trust can provide powerful protection of your assets from creditors, but only if the trust is drafted, implemented, and funded properly. An experienced estate planning attorney is a must when implementing this type of sophisticated trust.

The Ohio Asset Management Modernization Act (“AMMA”) was enacted into law and became effective in early 2013. Specifically, the AMMA enacted Ohio Revised Code §5816.01, et seq., also known as the “Ohio Legacy Trust Act”, which creates a unique opportunity for individuals to shelter assets from most creditors. Continue reading