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Probate Archives

When is probate not applicable?

Probate is the process of proving a will's validity, settling debt, and dispersing assets to heirs. When certain circumstances apply, probate may not be necessary. While the rules vary from state to state, The Balance offers a few examples of when probate is not applicable. 

Is there property not included in probate?

The idea of having to go through probate in Ohio for a loved one's estate can be intimidating. This process often goes quickly, but sometimes, it can drag on. It really depends on the circumstances. However, what you may not understand is that there are some types of assets that do not ever have to go through probate. Knowing what these are could help you when making your own estate plan.

How can I choose the right executor?

An executor is a person responsible for handling the affairs of your estate after you’re gone. Making the right selection is crucial, as you want to ensure this person is capable of handling the many chores and tasks of handling an estate, including wills and trusts issues. AARP offers the following tips to help you make the right decision.

Who has the ability to contest a will?

Perhaps your grandmother recently passed away, and her estate finds that she created and established a will. Unfortunately, your grandmother created the will nearly 25 years ago, and the assets, beneficiaries and designations do not reflect what you thought to be her true wishes.

How can I prevent my heirs from fighting over my will?

If you’re currently estate planning in Ohio, chances are you’ve thought about conflicts between your heirs. It’s a sad fact that conflict is quite common when it comes to the reading of the will, as some heirs may feel slighted or as though assets weren’t dispersed evenly. In this case, there are steps you can take to mitigate the chance of conflict occurring, as illustrated by AARP’s advice.

Creating a will in Ohio

People in Columbus are told all the time that they need to start thinking about their estate planning. The most basic step in beginning this process is writing a will. Many have likely heard stories about people drawing up wills on napkins or paper plates and leaving everything they own to a random waitress or bartender. While such parties may certainly submit these types of documents as the last will and testament of a decedent, the likelihood of them being authenticated may be slim. That is because the state of Ohio has already determined the process of how one should make and file a will

What constitutes a legal will?

Creating a will is something important you can do to look out for your loved ones after you die. The process is actually not that difficult, even though it is made to seem like a huge legal process. In fact, according to the Ohio State Bar Association, anyone can create a legally binding will on their own with little help.

Heirs vs. beneficiaries

When asked if he or she is an heir or beneficiary to his or her parents assets, one would likely respond with a "Yes." Yet is that assumption correct? It depends on the context in which those terms are being used. Most in Columbus may use the words "heir" and "beneficiary" interchangeably, when in fact they have different meanings entirely. 

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