Cincinnati probate lawyers at Zimmer Law Firm can provide help to those who are planning ahead to allow assets to transfer outside of the probate process. Most estates must transfer through probate, so if you hope to allow your loved ones to inherit without having to go through this lengthy process, it is important to take steps in advance to facilitate other methods of asset transfer.
Sometimes, probate is essential after a death. If a person passes away intestate – without a will or other estate planning tools dictating what happens to assets – a probate court will apply intestacy law to determine who inherits. If a person passes away with a last will and testament, then the will has to be probated and assets must be officially legally transferred to new owners.
Zimmer Law Firm can provide personalized advice if you are going through probate. Whatever your situation, we can provide the guidance and support you need to get through probate as quickly as possible while minimizing costs and ensuring the wishes of the deceased are respected. To find out more, give us a call today. You can also read on to explore some Cincinnati probate resources that can help you with the probate process.
Cincinnati Probate Court Resources
Probate proceedings will need to take place where a deceased or incapacitated person resides. If your loved one has passed away in Cincinnati, the correct court is the Hamilton County Probate Court. If your loved one who lives in Cincinnati is incapacitated, this is also the correct court to use.
You will need to go to court either to probate a will or to get a guardian appointed. The website of the Hamilton County Probate Court provides important resources and information. The county probate court website explains the kinds of cases the court presides over and where the court it located.
Another important resource is the Estate Administration instructions page, which explains how estates are administered in probate court after a death. There is information on summary relief from administration, as well as relief from administration. There is also information on the full administration of an estate. In some cases, the full administration of an estate is not necessary — and a substantial amount of time and money can be saved in these circumstances. You can use these resources to find out whether full administration will be necessary when your loved one has passed on.
Finally, the last key resource from Cincinnati probate courts is the Guardianship instructions page. Because the Hamilton County probate court presides over cases where a person has become incapacitated and a guardian or conservator must be appointed, it’s necessary to understand how guardianship works. There are details on this page about how guardians are appointed both for minors and for people who are declared incompetent. There is also information about how to file an emergency petition for guardianship.
Cincinnati Estate Tax Resources
Estate tax is a tax that can be charged after a death. The estate has to pay the tax. Whether or not there is an estate tax owed will depend upon the value of the estate. Estates below a certain level are not going to be subject to estate tax. The chosen heirs or beneficiaries also impact whether estate tax is assessed. A deceased person can leave an unlimited amount of money and property to a spouse without estate tax being charged. However, taxes can be triggered if assets go to anyone other than a spouse.
The Ohio Department of Taxation is an important resource on estate tax in the state. According to the Ohio Department of Taxation, the estate tax in the state was repealed so if a death happened after January 1, 2013, estate tax is not going to be owed. There are also other key details – including frequently asked questions and information about estate tax interest on this page – that can be helpful when considering the financial issues raised by a death.
Although there is no more estate tax on the state level, this does not mean that there’s no longer any need to worry about estate tax. The federal government does charge estate tax in some circumstances, although your estate would need to be a very large one to trigger federal estate tax – especially after a recent tax reform bill that raised the threshold so the amount you can pass without being taxed is much higher. You can find out about federal estate tax rules by visiting the web site of the Internal Revenue Service (IRS).
Together, these resources help you to determine if you will need to make a plan to avoid estate tax if you are still engaged in the estate planning process and don’t want your estate to be forced to pay taxes. These resources can also help those who stand to inherit and who want to understand how taxes will affect the inheritance they receive.
Getting Help from Cincinnati Probate Lawyers
Cincinnati probate lawyers at Zimmer Law Firm can provide the personalized help you need to make it possible for the people you love to avoid the probate process so they don’t have to go through the stress of court proceedings after your death. Going to probate court may also be necessary if you become incapacitated without a guardian, so we can work with you on the creation of an incapacity plan so your loved ones don’t have to go through a formal legal process to get a guardian or conservator appointed.
If your loved one is incapacitated or has passed away and you need to go to probate court, our compassionate and knowledgeable legal team is also here and ready to help you. We represent the executor of an estate, heirs or beneficiaries, any interested parties with a claim on the estate, and those who wish to contest a will.
To find out more about the comprehensive help our legal team can provide in probate court, join us for a free seminar. You can also give us a call at 513.721.1513 to get personalized one-on-one help for your situation.