Our Delaware, OH Probate Lawyers Can Help You Navigate Probate Issues
One must perform a number of measures once a family member passes away, such as caring for the person’s possessions and assets, paying bills, and completing tax returns. Dealing with probate and estate planning concerns can be difficult. These problems can all add unnecessary stress to the grief that comes with losing a loved one.
Dealing with probate matters shouldn’t wait another day. Instead, talk to a knowledgeable probate lawyer to make things simpler for you and your loved ones. Our skilled and committed probate attorneys in Delaware, OH at Sheppard Law Offices will help you navigate these challenging legal processes.
Our Delaware Probate Lawyers Can Help You With Estate Planning and Probate
Our attorneys provide complete estate planning and probate services at our office in Delaware, Ohio. In addition, our probate attorneys at Sheppard Law are knowledgeable and skilled at managing the complexity that probate situations frequently demand.
People who are going through probate are required to identify, classify, and value both real estate and personal property in addition to demonstrating the legality and validity of the decedent’s Will. You must also distribute any property and settle any outstanding obligations or taxes. You can receive assistance from Sheppard Law Offices in Delaware, Ohio, through each of these processes to make the procedure as painless as possible.
Our Probate Services in Delaware
We can assist you in seeking either Relief from Administration or a Summary Release from Administration if the entire value of your estate falls below a specific threshold. Your lawsuit could, however, go on for at least six to nine months or longer if the estate is of larger worth. Additionally, we can help you with essential tax return preparation and asset distribution.
In addition, we provide services for Living Probate, often known as guardianship. We can assist you in setting up guardianship for your family member who is finding it difficult to manage stress caused by financial obligations. The guardian will take action on the ward’s behalf. Periodically, the guardian of the estate will update the probate court on the ward’s financial situation. When the person isn’t cognitively capable of making decisions about their own health and way of life, their guardian will assist them.
The Probate Process
For individuals who have never engaged with it before, the probate process can be frightening. Fortunately, the Delaware probate attorneys at Sheppard Law Offices are here to explain everything and help you at every stage.
- Authentication of Last Will & Testament
- Appointment of an Executor
- Post Bond (if necessary)
- Locate Assets
- Value Assessment
- Identify & Pay Debts
- File Taxes
- Asset Distribution
Authentication of Last Will & Testament
Sending a will to the probate court is the initial step in verifying it. All live heirs and parties named in the will are now able to show up to a hearing and present any arguments against the will’s admission or the choice of the executor. The probate judge certifies the Will if there are no challenges and enough proof points to its veracity.
Appointment of an Executor
The court will designate an executor to manage the estate during the remaining stages of the probate process when the probate judge authenticates the Will. A court application is made by someone who requests to be appointed as executor.
Post Bond (if necessary)
The executor or administrator may be asked to post a bond as insurance against any negligent or willful mistakes on their part. When creating a Will, an estate planning attorney frequently eliminates the need for a bond to be posted in order to speed up the probate procedure. However, the probate court will insist that the executor or administrator deposit a bond before taking possession of the estate if there is no Will or if a Will fails to invalidate this bond requirement.
Assuring the equitable distribution of the decedent’s assets is one of the probate procedure’ most crucial components. Finding the decedent’s assets should therefore be one of the first steps. Our legal staff searches through numerous personal and tax documents, as well as other papers, to locate estate assets to make sure nothing is left out. Our probate attorneys frequently uncover assets that the surviving parties were unaware even existed.
In some situations, a court-appointed appraiser will assist in determining the values of specific assets. The valuations of other assets can easily be determined from specific records and declarations.
Identify & Pay Debts
We must identify the creditors and inform them about the recent death in order to pay the estate’s debts. After six months for creditors to respond, the executor will utilize the estate’s assets to settle the debts. At this point in the probate procedure, getting in touch with one of our Delaware probate attorneys early on can be quite beneficial. To avoid having to pay certain creditors, a timing strategy may be employed.
The compilation and filing of the decedent’s final income tax return and seeing to it that real property taxes are paid are two costs associated with probate administration. Any income tax that the IRS, the state of Ohio, or the county tax division alleges the estate owes will be filed or appealed with the assistance of our Delaware probate lawyers. The executor or administrator would use the estate’s assets to settle any legitimate tax debts.
The executor or administrator will then transfer any remaining net assets to the relevant parties after paying the debts and administration costs.
Speak with our Delaware, Ohio, probate attorneys
Sheppard Law Offices in Delaware, Ohio is here to assist you. Our probate attorneys in Delaware, Ohio are ready to guide you through the difficult legal processes associated with the many forms of probate as well as other parts of estate planning. To avoid probate, you should also prepare well-designed estate strategies, such as powers of attorney, a living trust, and a living will.
For a free consultation to discuss how we may help you with probate matters and reduce your financial obligations to your loved ones for years to come, speak with our Delaware team at Sheppard Law Offices today.
Franklin County’s area was used to create Delaware County, which is now in the middle of Ohio. The county seat was created as the settlement of Delaware. The most notable political person to emerge from Delaware County over the years was Rutherford B. Hayes, the 19th President of the United States.
It was formerly inhabited by the Mound Builders, then by Delaware and other Indian tribes. Moses Byxbe and other Massachusetts settlers founded the city of Delaware in 1808 close to Joseph Barber’s modest trade post, which had first opened in 1805. For a while, Delaware was just a small rural community near the Olentangy River. During the War of 1812, General William Henry Harrison’s headquarters were in Delaware. Many of his soldiers’ graves are still visible today in nearby cemeteries. Following the Treaty of Greenville in 1814, the region was overrun by settlers.
Delaware County is currently recognized as the county with the greatest rate of growth in both Ohio and the U.S.