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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Six-Month Creditor Claim Period

Payment of the decedent’s debts is one of the basic responsibilities of an estate fiduciary. Ohio law specifically provides that the fiduciary of an estate shall proceed with diligence to pay the debts of the decedent. The critical questions remain, however, of who to pay and when to pay them. Unless a fiduciary is confident […]

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How Can I Amend An Existing Will?

Cleveland, Ohio, estate planning lawyer, Daniel A. Baron, Ohio, offers the following information on what documents are necessary for you to provide your attorney when sitting down to establish your comprehensive estate plan.   One of the primary goals of drafting a will is to encapsulate the entirety of a life’s material assets and leave instructions […]

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Dying Without A Will – A Mess for Your Family To Clean-up

Baron Law LLC, Cleveland, Ohio, offers information for you to reflect upon while you are setting out looking for an estate planning attorney to help protect as much of your assets as you can. For more comprehensive information contact Baron Law Cleveland to draft your comprehensive estate plan to endeavor to keep more of your […]

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What is Probate?

Cleveland, Ohio, estate planning law firm, Baron Law LLC, Cleveland, Ohio, offers information for you to reflect upon while you are setting out looking for an estate planning attorney to help protect as much of your assets as you can.   For more comprehensive information contact Baron Law Cleveland to draft your comprehensive estate plan to endeavor […]

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You Have Been Appointed Executor, What Do You Do?

Cleveland, Ohio, estate planning lawyer, Daniel A. Baron, Ohio, offers the following information on what your duties are as an executor of an estate.  Contact Daniel A. Baron of Baron Law to answer all your questions on what your duties are and to help guide you through the events that will be taking place and […]

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Executor’s Duties – When Should Debts Be Paid?

Cleveland, Ohio, estate planning law firm, Baron Law LLC, Cleveland, Ohio, offers the following information on what your duties are as an executor of an estates and  when you need to pay all debts of the estate.   Contact Baron Law Cleveland to answer all your questions on what your duties are and to help guide your through […]

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I’ve Been Named As The Executor In A Will, Now What?

Cleveland, Ohio, estate planning law firm, Baron Law LLC, Cleveland, Ohio, offers the following information on what your duties are as an executor of an estate.  Contact Baron Law Cleveland to answer all your questions on what your duties are and to help guide your through the  upcoming events which are about to occur and how to […]

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Procedures To Shorten Or Avoid Probate Of An Estate

Cleveland, Ohio, estate planning lawyer, Daniel A. Baron, Ohio, offers the following information on what types of probate procedures shorten or avoid the need to probate and estate when speaking with your attorney when you are establishing your comprehensive estate plan. When an individual dies, their “probate assets,” such as property not dispensed via beneficiary designations, transfer on […]

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Probate Is Expensive And Time-Consuming. Here Are Ways To Avoid Probate

Cleveland, Ohio, estate planning law firm, Baron Law LLC, Cleveland, Ohio, offers the following information on you can avoid probate when you are thinking of establishing your comprehensive estate plan. All too often people draft a last will and testament, shove the document in a safety deposit box at the local bank, and never give it […]

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What Is An Estate Plan, Part I – Death Documents?

Baron Law LLC, of Cleveland, Ohio, offers the following information on different components of an Estate Plan.  To see what plan is best suited for your needs, contact Baron Law, LLC, Cleveland, Ohio. By failing to prepare, you are preparing to fail.” Benjamin Franklin Estate planning is a concept that many people know about, but […]

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Ohio’s Right to Disposition – Who Has Final Say?

Cleveland, Ohio, Estate Planning lawyer, Daniel A. Baron, of Cleveland, Ohio, offers the following information on the issue of your Rights to Disposition after you pass. Imagine if you will, your Uncle Harry has passed away and although he had specific wishes on what to do with his remains, there are others in a packed […]

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Do I need a Trust?

Exploring whether you need a trust may be answered below visiting this questionnaire: DoIneedaTrust.com.   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 […]

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 […]

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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The Definition and Role of an Executor of an Estate

Cleveland, Ohio estate planning attorney, Daniel A. Baron, offers the following information on the Definition and Role of an Executor of your Estate.   Being named and then carrying out the duties of an executor can be one of life’s most frightening tasks however; keep in mind that this is also an honor. Being named […]

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The Marital Deduction – What are the benefits?

Cleveland, Ohio estate planning attorney, Daniel A. Baron, offers information on The Marital Deduction as well as other Tax Planning Advice and what to make part of your Estate Planning. What are the benefits? The most important deduction a married couple has is the The Marital Deduction.  The amount of assets which can be passed […]

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QDOT – What is it and should I have one?

Cleveland, Ohio estate planning attorney, Daniel A. Baron, offers information on a Qualified Domestic Trust and the benefits realized from including this as part of your Tax and Estate Planning:     The specific goal of a Qualified Domestic Trust (or QDOT) is to defer Federal Estate Tax on assets which are transferred from a […]

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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 […]

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What is Probate?