Experienced Toledo Attorneys For Probate And Trust Administration
Losing a loved one can be a devastating and confusing time for the entire family. Even the best written will or trust can be difficult to administer through the probate process, which requires multiple documents to be filled out and filed with the probate court. In some cases, it may be challenging to find estate beneficiaries and determine the best way to distribute assets. In other cases, disputes may arise between trust and will beneficiaries, resulting in a will contest or trust dispute. Such disputes can create painful rifts between family members and result in long delays in the probate process.
At Mockensturm, Ltd., our Ohio probate attorneys have extensive experience in these matters. We are here to help alleviate your burdens — and help you navigate the probate process as smoothly and quickly as possible.
To schedule a consultation, please contact us in Toledo at 419-792-1143 or complete our contact form. Our probate and trust administration attorneys advise and represent clients throughout the Toledo area and all of northern Ohio.
How Our Probate Team Can Help
In probate cases, the key to success is proper interpretation of will and trust provisions, along with careful analysis of the legal probate rights of all involved. At Mockensturm, Ltd., we do our best to help our clients write their wills and trusts and hold their assets in ways to avoid probate, if possible. However, if a probate dispute or trust challenge arises, we will fight for your right to receive what your loved one intended to leave you upon death. We will ensure that the executor of the estate or the trustee of the trust does their job right and correctly follows the probate, estate and trust laws. We can also navigate the probate process on your behalf and expedite that process as much as possible. If you are uncertain of your rights in the estate of your loved one, you owe it to yourself to contact the Toledo estate and probate administration attorneys at Mockensturm, Ltd.
What Is Probate?
Probate is the process of administering a person’s estate. Certain property (“probate property”) must be “probated” by an appropriate probate court in order to transfer assets according to a person’s last will and testament or, in the event that no will exists, according to the Ohio Intestacy Statutes. Probate property is all property that is not covered by an enforceable legal document or contract providing for succession on the death of the owner. The probate court oversees the determination of the decedent’s assets’ value and the method of distribution to the decedent’s heirs. Generally, this process must take place in the probate court of the county where the decedent resided. If the decedent also owned property in another state, additional proceedings may be necessary in that state.
Understanding The Probate Process
When you die, someone needs to be in charge of your assets so that they are transferred to your intended beneficiaries according to your wishes. Without a trust in place, a probate court must oversee the process to protect your assets for your heirs, creditors and other people you may owe. During the probate process, an inventory of all your assets is submitted to the probate court soon after your death so that a proper accounting of what is available to pay your debts and beneficiaries is established. Public notices must then be posted to notify creditors and possible heirs that they must present their claims to the court within a set period of time, usually 6 months. The court will evaluate the veracity of each claim and order the distribution of assets to each claimant according to established rules of priority.
What If My Loved One Died Without A Will?
Whether or not a deceased individual has a Last Will and Testament, the estate can be probated. If someone dies without a Last Will and Testament, their assets pass to the individuals designated in the State Intestacy Statute. If a person dies with a Last Will and Testament, their assets pass through probate pursuant to the terms of the Last Will and Testament. Many people believe that having a will makes probate unnecessary, but in reality, it is the will that tells the probate court how to handle the estate. The process of completely probating an estate can be long and confusing, but our probate attorneys work hard to ensure that the probate process is as simple and efficient as possible. The lawyers and paralegals on our probate team can guide you through the probate process from start to finish.
We Are Leaders In Tax Law And Estate Administration
At Mockensturm, Ltd., we prioritize proactive counsel that minimizes the likelihood of disputes, which are the last thing anyone cares to deal with after the loss of a loved one. Our probate and trust administration practices are grounded in providing maximum results with minimal stress. We have a highly trained staff, including tax attorneys and CPAs, with over 100 years of combined experience in all areas of taxation, probate, tax compliance and estate audits.
We know that disagreements may be inevitable in matters involving probate, the IRS or local tax authorities. As a full-service probate and tax law firm, Mockensturm, Ltd. provides strategic probate, estate and trust litigation services to protect our clients’ interests when estate disputes arise. We are experienced litigators, and we will not hesitate to fight for you in court if doing so is the best way to protect your rights and interests.
Contact Mockensturm, Ltd. Today
Our local team of attorneys and CPAs have extensive experience in matters of probate and wealth preservation. To schedule a consultation, please call us at 419-792-1143 or complete our contact form. We advise and represent clients in Toledo and throughout northern Ohio.