Navigating Probate
Guidance and Care Through Tough Times
Don’t navigate probate alone. From legal paperwork to estate distribution, we provide the depth of knowledge and understanding needed to ease the burden during these tough times.
Compassionate Care When Life Gets Difficult
Cleveland Elder Law has the experience to navigate through the probate process during difficult times.
Let us ensure a smooth and legal process, including:
Management of necessary paperwork with the court
Handling creditors' claims
Managing disputes among beneficiaries
Distributing assets according to the deceased person's will or state law if there's no will.
Answers to Frequently Asked Questions About Probate
Here are answers to questions we hear most often about probate.
I have a will, so I don’t need to worry about probate right?
No. A will is solely for Probate! Probate court controls “probate assets,” which can loosely be defined as any of your assets held in your name only and that do not have a beneficiary. For instance, a joint account between spouses will transfer from a deceased spouse to their surviving spouse without probate involvement. However, if both spouses pass away, the bank account will be considered a “probate asset,” and will have to be administered by probate. Your will describes to whom this account will be distributed.
What happens if I die without a will?
A will is a document containing instructions to the probate court indicating who you want to be in charge and what you want done with your assets after you pass away. Dying without a will creates problems. It is more costly, you don’t control who is appointed as your administrator, and you must follow the state’s rules as to who receives the assets in your estate. If you have children from a prior marriage, conflicts often arise between a spouse and children. Often the administrator of an estate is required to ask the court’s permission to act. This permission may include decisions to sell real property, rent property, or settle lawsuits and claims. Having a will saves a great deal of time, money, and frustration.
What is the downside of going through probate?
Going through Probate usually means waiting 6-9 months to settle an estate, sometimes longer. It’s also expensive. Court costs, fiduciary fees, and legal fees typically cost 7% to 8% of the total value of the estate. However, there are estate planning strategies to avoid Probate, even without a Trust. Cleveland Elder Law uses robust estate planning strategies that ensure your loved ones will not be left to navigate through the Probate process.