Martin Folino - Probate Attorneys - Dayton Ohio

 

The mention of “probate” causes anxiety attacks for clients.  They know that they need to take steps to “avoid probate”. But most clients don’t really understand what is “probate” and how easy it is with proper planning to “avoid probate”. A better understanding of these two concepts can alleviate the anxiety which most clients have on the process. This is simply a summary of some of the techniques which are available to avoid probate. Whether or not any of these techniques are truly applicable to an individual situation depends upon the review of the individual facts of each client’s situation by a qualified legal professional.

Avoiding Probate and Dealing with Probate Issues - Dayton Ohio

Defining Probate

Probate Definition

“Probate” refers to the procedures involved in administering “probate assets” through the probate court system. Ohio (like most other states) has a separate division in its court system known as probate court. Although the probate court handles various matters, as it relates to the clients anxiety over the probate system, it revolves around the fact that the probate court is primarily designed to protect three classifications of persons...

Probate is designed to protect various individuals.

(1) the creditors of an individual to ensure that they are paid from an individual’s assets at the time of death prior to distribution of the assets to the heirs

(2) the heirs of the deceased individual to ensure that they receive what they are entitled to receive pursuant to either the Last Will and Testament of the decedent or the laws of Descent and Distribution

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(3) those individuals who are unable to manage their own business affairs as a result of a legal disability (being under the age of 18) or a physical or mental disability which renders them unable to handle their business affairs.

 

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