Do You Need to Know the Ohio Probate Process as a Beneficiary?
By Barry Zimmer on November 29th, 2016 in Probate
As a beneficiary, it is important to know the Ohio probate process. Knowing this process helps you to protect your rights and understand what is happening with your inheritance after your loved one’s death. An Ohio probate lawyer can provide you with invaluable assistance in understanding the Ohio probate process so you can make informed choices to protect your rights.
Zimmer Law Firm has helped many executors to fulfill their role during probate and has helped many beneficiaries to understand the probate process and look out for their own interests. If you have been left a gift or provided for in your loved one’s will, it is up to you to make certain an executor is doing his job properly, appropriately managing assets, and moving through probate in a timely manner. While the executor has legal obligations, including a fiduciary duty, you are the one who will need to take legal action if something goes wrong during probate.
If you want help from an experienced attorney who knows the Ohio probate process inside and out, give Zimmer Law Firm a call today. We will work hard to ensure you get your inheritance as quickly as possible and to ensure that the value of your inheritance is protected.
Does a Beneficiary Need to Know the Ohio Probate Process?
After a death, it is the executor of a will who is expected to facilitate the probate process by providing appropriate notifications and filing the proper paperwork with the probate court. The executor is said to have a fiduciary duty, which is defined as the highest legal duty a person can owe under the law.
This fiduciary duty imposes upon an executor the obligation to manage property appropriately during the probate process and to comply with all Ohio legal requirements for probate. However, executors can still sometimes make unintentional mistakes or even engage in purposeful wrongdoing when it comes to fulfilling their obligations.
A beneficiary has the greatest interest in protecting his or her inheritance and thus should know what the Ohio probate process entails and whether or not the executor is appropriately fulfill his or her role. The more substantial the size of the estate, the more important it becomes for beneficiaries to seek out appropriate help from an experienced attorney so they can make sure they inherit in a timely and efficient manner.
How Does on Ohio Probate Lawyer Help Beneficiaries?
An Ohio probate lawyer provides guidance to beneficiaries on how the probate process is supposed to go. An attorney can help you to understand deadlines, time tables, and formal legal proceedings that must take place. With the assistance from your attorney, you will be better informed on when you can expect to inherit and on the steps that must be taken before the money and property become yours.
If there are problems and the executor is delaying unnecessarily, mismanaging estate assets, or otherwise failing to fulfill his or her obligations, then your attorney can provide you with assistance in pursuing appropriate legal action including petitioning the court for a remedy and potentially pursuing a claim against the executor of a will for breach of fiduciary duty.
An Ohio probate lawyer can also help beneficiaries to ensure a will is appropriately defended if there is a will contest, and can help beneficiaries to understand what impact estate taxes will have on the value of their inheritance. A will contest can be particularly troubling because it could result in a will being declared invalid and an inheritance potentially being lost or reduced. While an executor should defend the will and hire a lawyer to help ensure the wishes of the deceased are respected, it is again your inheritance at stake and you are the person with the greatest interest in protecting it.
Getting Help With the Ohio Probate Process
If you have been left money and you want to know more about how the Ohio probate process works, you should contact an experienced attorney as soon as possible when your loved one has passed away. If you are making an estate plan, you may also wish to talk with an attorney about how to ensure your heirs are protected. You can download our estate planning checklist to learn about different ways to make an estate planning that will make it easier for heirs to inherit. Finally, executors and those who believe a will should be contested should also seek legal advice during the probate process.
Zimmer Law Firm has helped many executors, beneficiaries, heirs, and individuals who are contesting wills. We know the Ohio probate process inside and out and can provide the guidance you need to fulfill your role and protect your rights. Give us a call at 513.721.1513 to find out more about how we can help you.