Will Contest
Only certain people are allowed to contest a will. These people are said to have “standing” which means they have the legal right to bring an action. There are three groups of people included: people who are named in the…
Read more
Tag Archive: will
Distributions if No Will
Ohio Law has written a will for those people who die without one. The law is called the Statute of Decent and Distribution. If you have no will, then you have died intestate. This law outlines who receives your estate. …
Read more
Distributions with a Will
Distributions are made in accordance with the terms of the will. A will may contain specific bequest like $5,000 to each grandchild or 2% to my church. These items are paid first. A specific bequest or device can be an…
Read more
Powers and duties of the Executor/Administrator
An executor or administrator of an estate is the person who is responsible for the administration of the estate. They must identify and evaluate the assets. They must identify and pay all bills. They are responsible for selling the assets…
Read more
Appointment of Executor
At the same time as the will is admitted to Probate Court, the executor who is listed in the will is appointed as the executor. Many lawyers have abandoned the gender specific terms of executor applying to a male and…
Read more
Notice to the Heirs
In order to give each beneficiary of the will and the heirs at law the opportunity to contest the will, each has to receive a copy of the will by certified mail or must waive notice in writing. Once all…
Read more
Filing of the Will
The first step to open probate is to file the will. There is a presumption that the will is valid. A list of all of the people named in the will and a list of all of the people who would…
Read more
Is Probate Necessary?
If there are assets in the name of the decedent alone, probate is necessary to re-title those assets. Any assets payable to an estate must go through probate. For example, you name your estate as the beneficiary of a life…
Read more
What is the Probate Process?
Probate Court supervises the process of administering someone’s estate once they have died. If the person died with a will, the Court accepts the will and appoints the executor. If there is no will, the Court appoints an administrator. The…
Read more
What Is a Last Will And Testament?
A last will and testament is a legal document that identifies where your assets go once you have passed away. There are three main questions answered in a will. First, what happens to your assets when you die? Second, who…
Read more