Probate Attorney – Call Today for a Probate Administration Consultation

What is Probate?

What happens after you create a will?  Many people mistakenly believe that if they create a will, they avoid probate – this is entirely false.  After you pass, the probate court supervises your home, retirement, and what you’ve spent a lifetime trying to preserve for your children and/or desired beneficiaries.   If you haven’t created a will, the court will appoint a representative (executor) for you!  Navigating through the complex web of forms and requirements of probate is tedious and confusing.  Baron Law LLC is your Ohio law firm that can help you navigate through the probate court system.  Moreover, we can help you avoid the probate court through probate avoidance structures.

Estate administration is very important so that your family isn’t stuck with unwanted court costs and time.  During an initial consultation with Baron Law, and in preparation for creating a will or trust,  our team will administer a list of assets so that each beneficiary is considered.  Moreover, we will explore additional estate planning and probate avoidance options through our Trust Questionnaire to determine if a trust or other probate avoidance option is available.    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 – we ask the same questions and create an inventory from information gathered from family members.

Probate Attorney Near Cleveland, Ohio

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Probate Attorney Ohio

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.

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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

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Estate Planning Lawyer - Daniel A Baron

QPRT – Can I Benefit From One?

Cleveland, Ohio, estate planning lawyer, Daniel A. Baron, Ohio, offers the following information on whether a Qualified Personal Residence Trust should be part of your comprehensive estate planning. For wealthier families, a great tool to manage your future tax savings would be to transfer the liability of owning a property for which you may end […]

Estate Planning Lawyer - Cleveland Ohio - Baron Law LLC

Do I need a Trust?

Exploring whether you need a trust may be answered below visiting this questionnaire:   In addition, you may find the following information written by Cleveland, Ohio estate planning lawyer Daniel A. Baron useful. Even if your name isn’t Bill Gates or Warren Buffet, it does not necessarily mean that the need for you to establish […]

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What Is A Credit Shelter Trust?

Cleveland, Ohio estate planning lawyer, Daniel A. Baron, of Cleveland, Ohio, offers the following information on what a Credit Shelter Trust is and should it be part of your comprehensive estate planning. If you are married and an investor, for example, consider establishing a Credit Shelter Trust. This can also be referred to as an […]

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Why Do I Need A Guardianship?

Cleveland, Ohio, Estate Planning and elder law attorney, Daniel A. Baron, offers the following information on creating a Children’s Testamentary Trust for your loved ones. Is it the best option for you when creating your estate plan? Most people understand and realize that they should name a Legal Guardian for their minor children. However, many […]

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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 […]

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 […]

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When is a Legal Guardianship Necessary for my Parents?

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 make sound decisions about themselves personally or their property. These same persons can likely be or already have been […]

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The Importance 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 […]

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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. […]

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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 […]

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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 […]

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How Do I Avoid Probate?

Successful Probate Avoidance Strategies If saving time, money, and court supervision is right for your family, then avoiding probate is right for your estate plan.  There is a common misconception that having a will avoids probate. This is completely false.  Having a will does NOT avoid probate.  There are however many simple ways to avoid […]

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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 […]