Cleveland, Ohio Probate Attorney

Estates and Trust Lawyer

Cleveland, Ohio attorney

Probate Lawyer in Cleveland, Ohio

So what happens after you create a will?  After you pass, the probate court supervises the transfer of assets which were held in your name only at the time of death.  However, the probate court is not involved in the transfer of your assets which were jointly owned “with rights of survivorship.”  In other words, assets which had beneficiaries named do not pass through probate.  Those types of assets typically pass outside of probate, i.e., directly to the surviving joint owner or beneficiary.  Bank accounts and homes owned by husband and wife are typical examples of a joint survivorship; however, exceptions and exclusions apply.

As you can see, determining whether an asset is a probate asset or a non-probate asset (passing through a joint survivorship) is very important in estate administration.  During consultation and in preparation for creating a will, I ask my clients to complete a list of all assets owned.   This helps the probate court determine which assets must be listed on the inventory which assets will pass directly to a surviving joint owner or beneficiary.  Don’t have a will? Not to worry – I ask the same questions and create an inventory from information gathered from family members.

What is Probate?

What is “Probate?”   If you’ve begun thinking about your estate planning needs, you might think probate is esoteric or, requires a secret handshake to understand. So, back to the question: What is probate?  The Cuyahoga County Probate Court in Cleveland, Ohio provides a legalese-like definition: “[a] probate estate is a legal proceeding provided for by Ohio law to determine the assets of a deceased person who was an Ohio resident at the time of death, the value of those assets, and the distribution of those assets to the persons entitled to them by law.” Webster’s Dictionary would further explain that probate can be used as a noun, verb, or adjective.   Put more simply, probate can refer to the act of presenting a will to a court officer for filing — such as, to “probate” a will.  But in a more general sense, probate refers to the method by which your estate and finances are administered and processed through the legal system after you pass.

Cleveland, Ohio Attorney

Establishing the validity of a will is usually the first step in the process of administering a “probate estate.”   But when I discuss this topic with clients, they are not only thinking about authenticating a will, but are also interested in the entire probate process

Baron Law LLC
Veteran Benefits

Long Term Care – What Is Available To Veterans

Cleveland, Ohio estate planning attorney, Daniel A. Baron, offers information on Long Term Care assistance for those who have served in our military and including this as part of your Estate Planning: For those of you who have served in any of our armed forces, Thank You! Because of your bravery and sacrifice, we still […]

Cleveland Elder Care Lawyer

Why Every Parent Should Establish A Guardianship Within Their Estate Plan

Cleveland, Ohio estate planning lawyer, Daniel A. Baron, offers information on why every parent should establish a guardianship for their minor children within their estate plan:   When is a guardianship necessary? It is customary for the parents of minor children to make any and all legal decisions that are necessary to keep their children […]

Cleveland Elder Care Lawyer

Legal Guardianship – What Is It And When Is It Necessary For The Elderly?

Cleveland, Ohio estate planning attorney, Daniel A. Baron, offers information on when it becomes necessary to change legal guardianship for your elderly loved one: Legal Guardianship is used when a person is unable to make or verbalize sound decisions about themselves personally or their property. These same persons can likely be or already have been […]

Daniel A. Baron

The Important Of An Elder Law Attorney

Cleveland, Ohio estate planning attorney, Daniel A. Baron, offers information on the importance of having an Elder Law Attorney to help plan for your future: Elder law attorneys are sometimes considered “authorities” as, although they can handle a wide range of other legal issues, they primarily focus on the needs of older adults and also […]

lawyer estate planning cleveland, ohio

Long Term Care – Paying for the Nursing Home

Cleveland, Ohio estate planning attorney, Daniel A. Baron, offers the following information on the paying for Long Term Care and incorporating it into your Estate Planning: There are misconceptions regarding Long Term Care and who is responsible for paying for any care. This information may be used for informational purposes only.  For more information, or […]

cleveland, ohio attorney

When Should You Start Planning For Long Term Care?

Cleveland, Ohio estate planning attorney, Daniel A. Baron, offers information on when you should start planning for Long Term Care and including this as part of your Estate Planning:   When should you start planning for Long Term Care? If you are under 50, the answer is – “there is no time like the present”.  […]

AN AB Trust – What are the benefits for your estate?

Cleveland, Ohio estate planning attorney, Daniel A. Baron, offers information on an AB Trust and the benefits realized from including this as part of your Tax and Estate Planning: For Tax and Estate Planning purposes, as a married couple, maximize the use of your Federal Estate Tax Exemptions through the utilization of an AB Trust. […]

Cleveland Estate Planning Attorney

What is a Trust Protector?

Cleveland, Ohio estate planning attorney, Daniel A. Baron, offers information on a Trust Protector and their Role and benefits realized as part of your Comprehensive Estate Plan: Who is a Trust Protector? As it sounds, a Trust Protector is appointed to oversee the assets in the trust and to protect against the trustees so that […]

Estate Planning Attorney

What Recourse Do I Have if My Power of Attorney is Stealing From Me?

Cleveland, Ohio estate planning attorney, Daniel A. Baron, offers the following helpful answers to Powers of Attorney: Can the Power of Attorney be used by the agent to take my money or property without my permission? Unfortunately, you can run the risk that the agent you choose to give your Power of Attorney could abuse […]

cleveland, ohio attorney

How Do I Avoid Probate?

How Do I Avoid Probate? Estate planning attorneys will most likely suggest avoiding probate if at all possible.  Why you might ask? Probate is the legal process required to transfer assets at a person’s death.  However, it often comes with time and delay with distributing the assets.  In addition it can be costly and attorney […]

Cleveland Probate Attorney

Is Probate Necessary?

As an estate planning attorney, many people ask me if probate is really necessary. The short answer is no, and I often advise my Cleveland, Ohio estate planning clients to avoid probate if at all possible. But what is probate? And, why should it be avoided? Here’s a quick synopsis to answer these questions. What […]