Ohio Probate Lawyer Blog

Thinking about your own funeral can be kind of uncomfortable, but most of us have at least a general idea of what we would want: burial or cremation, funeral or memorial service, religious or secular. Some of us have highly specific funeral wishes. For instance, one older woman we knew wanted the church at her funeral decorated with her large collection of decorative birdhouses; at the end of the services, mourners were instructed to take a birdhouse they liked to remember her by.

Whether you have imagined every detail of your send-off, or whether this is the first time you’ve thought of it, one thing is for certain: you won’t be there to carry out your own wishes. If you want the funeral you have envisioned, you will have to communicate your preferences to someone else. But what is the best way to do that? The logical way to convey your funeral wishes might seem to be a will. Read on to learn why putting your funeral preferences in a will is probably a bad idea—and to get some better ones.

Does a Will Include Funeral Wishes?

Technically, a will can include funeral wishes, but that doesn’t mean those wishes are legally binding. But there’s ano… Read More

Being named as the executor of a will is both a great honor and a great responsibility. It means that someone trusted you to wrap up their final affairs and distribute their earthly goods according to their last wishes. However, an executor, also referred to as the personal representative of the estate, has a number of duties to carry out between the time the probate estate is opened and the distribution of assets. For various reasons, not everyone feels up to the task. What do you do when you realize, “I don’t want to be an executor of someone’s will?”

Why Would Someone Decline to Be Executor?

There are many reasons you might not want to be the executor of a deceased person’s (decedent’s) estate.

• You have a demanding job or young family that needs your attention, and simply feel that you don’t have time.
• You lived near the decedent when the will was made, but have since moved… Read More

One of the responsibilities of the personal representative of an estate is the final distribution of estate assets to the heirs or beneficiaries of the deceased. Before a final distribution of estate assets can happen, however, there are many other steps that must be taken. If you are serving as the personal representative (also known as the executor or administrator) of a decedent’s estate, it is critical to fulfill those other responsibilities before making an estate distribution.

The probate/estate administration process can be a difficult one. Typically, the person appointed as personal representative is grieving the deceased, as are the heirs or beneficiaries. Many personal representatives have never served in that role before, and may be confused and frustrated by probate court requirements. In addition, heirs may not understand why it is taking so long to settle the estate, and in some cases, may unfairly suspect the personal representative of wrongdoing.

For many estates, it is a good idea for the personal representative… Read More

It’s true that for most people, their later years are some of the best of their life, but they also often come with increasing physical and mental challenges. Those challenges affect not only seniors themselves, but also the family members who love and care for them. Caring for aging parents is a rewarding, yet challenging experience. For your entire life, you may have experienced your parents as the strong and wise ones that you turned to for help. Now, they are counting on you.

If you are accustomed to your parents being strong and competent, it’s easy to miss the signs that they may be beginning to struggle, either in terms of their health or managing their daily affairs, including finances. You also may not get a straight answer if you ask if everything is under control. Just as you would prefer to continue to see your parents as you always have, they want to maintain their independence. However, there are signs that they may need some additional support.

How to Determine if an Aging Parent is Unable to Manage Their Affairs

Your parents may not tell you—or sometimes, even realize—that they are struggling. That said, there are some telltale sig… Read More

As probate attorneys, one of our duties is to guide the personal representative of an estate through their many responsibilities. One of the first things a personal representative must do is identify all assets belonging to the decedent’s estate, safeguard those assets, and inventory them. That allows all interested parties to know what property is part of the estate. After the estate’s debts are paid, remaining assets are distributed to heirs or beneficiaries. But what happens if there are assets found after the estate is closed? After an estate is closed, can it be reopened?

These questions are not uncommon. Few people have a thorough list of all the property they own, and a deceased person (decedent) may own assets of which their personal representative is unaware. There may be a safe deposit box at the bank, or money owed to the deceased may be discovered. Whatever the source, those assets of the estate need to be properly distributed. An experienced probate attorney can help.

Once an Estate is Closed, Can it Be Reopened?

An estate is closed after its legitimate debts have been paid and any remaining assets are distributed according to law or the… Read More

You can’t take it with you—and in addition to leaving your money behind, chances are you’ll leave some unpaid bills behind, too. What happens to your debts after you die?

The short answer is that they get paid out of your probate estate according to a priority established by Ohio law. Creditors must present a claim within 6 months of the date of death, after which time the executor or administrator of the estate has thirty days to reject or allow the claim.

In many states, the executor or administrator of the estate is required to give notice to creditors of the deceased. If there are known creditors, they must be notified directly, while an advertisement is placed in legal newspapers to provide notice to unknown creditors. However, in Ohio, there is generally no such notice requirement. That said, there are a few exceptions to that rule.

When Must an Ohio Personal Representative Make a Notice to Creditors of Probate?

The first situation in which an Ohio personal representative must publish n… Read More

One of the many duties of a personal representative of an estate is to pay all legitimate debts of the estate before distributing the remaining assets to beneficiaries. But what happens if there are not enough assets in the estate to pay all the money that is owed? Are beneficiaries liable for estate debts?

As a general rule, beneficiaries of the estate of a deceased person (decedent) are not liable for estate debts. (There are some exceptions, such as if the debt was a joint one or the beneficiary of the estate co-signed for the debt.) But it’s still important to pay debt in the proper order, according to Ohio law on the priority of debts.

How Are Debts Paid From an Estate?

Under Ohio law, creditors have six months from the date of the decedent’s death to make a claim for payment against the estate. After six months, any claims against the estate are barred. Part of the reason for this rule is to provide certainty. Otherwise, a personal representative could pay known debts of the estate and distribute the remaining property, only to have a creditor appear weeks, months, or years l… Read More

Death comes for us all, whether we plan for it or not. Given that harsh reality, it’s tempting to simply avoid thinking about it—after all, there’s nothing you can do about it, and you may not be comfortable talking about how to plan for death. But planning for death is one of the last and kindest gifts you can give to the people you love. Let’s talk about how to discuss your estate plan with your family, as well as your last wishes.

Discuss Your Estate Plan With Loved Ones

Having to have “the talk” is never easy, and there are various components of it: end of life questions, how you want your property distributed, and how to plan your funeral. There is often an easy, if unfortunate, introduction to the topic: the death of a friend, neighbor, or other family member.

You can begin the conversation with your loved ones by saying something along the lines of, “You know, since Mrs. Smith passed away, I’ve been thinking about the things you’ll need to know about my wishes someday. I hope that day will be a long way off, but I know it will be easier on you… Read More