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DiCato Law Offices

Probate Law Page

    No one likes to think about it. No one can avoid it. When we die, we leave behind certain assets, and these have to be legally distributed to the heirs of the deceased.  This often, but not always, means opening a case in probate court.  If property of any kind, be it bank accounts, stocks, retirement accounts, a home,  a car, or anything that is in the name of the deceased, even if it is owned jointly with another person, then the law requires that certain legal procedures must be carried out to transfer that property to the rightful heirs, or in the case of joint property, to remove the deceased persons name.

    Upon the death of any person, those items of personal and real property that belonged to that person are distributed to their heirs.  These assets that are left upon the death of a person are collectively termed to be that person's "estate".  If the person left a will (see library), then that document for the most part controls how the estate is distributed.  If there is no will, Ohio State law determines how the distribution takes place.  The process of distributing the estate, and paying all of its lawful bills is termed probate (see library)  and is done through the probate court.  When the estate gets probated, an administrator is appointed, usually someone specified  in the will, or by the probate court if there is no will.  An attorney works with the administrator to assist in transferring, selling and distributing the property in the estate. The attorney helps make sure that the provisions of the will, or if there is no will, then the applicable state law, are properly carried out. Sometimes there are special provisions in the will, such as special gifts to specific people or gifts with conditions, such as money for college to a child or grandchild with specific conditions for its dispersal. The attorney makes sure that the legal documents necessary to accommodate these gifts are put in place as well as all documents necessary to transfer property.

    If there is no will, the assets of the estate are distributed by what is called the statute of descent and distribution. This is a very specific law which describes in detail which persons get what share of your estate. It only allows either a spouse or blood relatives to inherit. Other than your spouse, anyone unrelated to you by blood or adoption, has no standing to inherit.

    Some people choose to use a living trust (see library) as a tool to distribute assets after their death.  One reason would be to avoid the necessity of going through probate.  Another reason may be to gain a tax advantage, depending on the specific situation.  Sometimes a living trust is also used to maintain control over assets and distribute them in stages and perhaps even for a specific purpose, such as higher education of a beneficiary.

    Probate law also includes other subjects, such as establishing a guardianship (see library) for persons who are still living, but, for any number of reasons, may not to be able to safely make basic financial and/or medical decisions for themselves.  The probate court will then appoint a guardian to make these decisions. Adoptions are also carried out in probate court.. 

    If you have any questions concerning any of these subjects, or believe you may be entitled to inherit under an estate, feel free to contact us for a free initial consultation

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