At our probate and estate planning law firm in Dayton, probate lawyer Dave Schmidt , assisted by his wife Vicky, provides probate administration services to people in your position. If you have questions about a will, the probate process, or administration of an estate, contact our office and make arrangements for a consultation.
Ohio Probate Law
Probate is a court proceeding whose purpose is to distribute the decedent’s assets to his or her intended beneficiaries. While it often makes sense to avoid the probate process, many times it might be advantageous to have court supervised administration of a decedent’s assets.
There are numerous cases where a family member, appointed as a trustee in a trust, is influenced by other family members to make unwise investments and other poor financial decisions. Court supervision often prevents such investments.
As your probate attorney, Dave Schmidt will handle all court filings, paperwork, research, and appearances.
What is a Fiduciary? An Executor? An Estate Administrator?
A fiduciary (from the Latin for “trust” or “confidence”) is any person, with some exceptions, appointed by and accountable to the probate court. An executor is a fiduciary appointed by the probate court to administer a decedent’s estate upon nomination in a Will. An Estate Administrator is a fiduciary appointed by the probate court to administer a decedent’s estate, but where the decedent died intestate (without a Will).
Under current law, an Administrator is required to be an Ohio resident, whereas an Executor is not. Other fiduciaries include an administrator de bonis non , a special administrator and an ancillary administrator.
The Fiduciary will ascertain the location and value of the decedent’s assets, determine heirship, investigate creditors’ claims, pay bills, account for and distribute assets, and file tax returns, and all within certain time constraints required by state and federal law.”
At our Dayton law firm , we assist executors with advice or by handling all of the details of estate administration on your behalf.
Will Contests, Trust Disputes, and Estate Administration Disputes
In some cases, the terms of the will or the way in which the administration of an estate or is being handled will be contested. If you are an estate executor or trust administrator whose administration is being challenged, or if you are an heir to a contested will, attorney Dave Schmidt can represent you in court. He can assess the validity of any claim and advise you as to what legal course you should take.
If you have questions about the administration of a will or a trust, or about estate planning, please feel free to contact attorney Dave Schmidt to schedule a consultation.