If your are a:

Surviving Relative or Close Friend,

Personal Representatives nominated under a will,

Next of Kin of someone who died without a will, or a non Ohio resident,

You may find yourself in any of the following situations:

• Would you like assistance with:

  • What do I do now?

  • Will a probate be necessary?  Can I avoid it? If a probate is necessary, how do I begin it?

  • The Bank says it "needs Letters."  What are Letters & how do I obtain them?
     

• In his/her Will, Decedent nominated me as his/her Personal Representative.  What do I do next?
   

• Decedent died without a Will.  How do I obtain authority to manage his/her estate?
   

• I am the nominated Personal Representative of an Ohio-resident Decedent, but I live out-of-county or out-of-state.  I need local counsel for the Ohio probate.
   

• I am the appointed Personal Representative of an out-of-state "domiciliary" probate that contains Ohio real property.  I need local counsel for the Ohio "ancillary" probate.
   

• I am a non-resident heir or beneficiary of an Ohio probate estate or of Ohio non-probate property, such as a joint tenancy bank account or a parcel of joint tenancy real property.  I need local counsel to ensure that my rights in the estate or to the property are being protected, and that I will timely receive everything that I am entitled to receive.

We continue to receive numerous requests from non-residents for assistance in handling an Ohio probate, in ensuring prompt and fair distribution, etc.; 

Surviving Spouses ---

• Decedent's Will gives all the property to others.  How can I ensure that I retain what I am legally entitled to?
   

• Decedent's Will nominates another as Personal Representative.  How can I ensure that I continue to manage our common property?
   

• Am I eligible for a family allowance?  If so, how do I obtain one?

Already Appointed Personal Representatives ---

• An unexpected problem has come up that has no obvious, routine solution.  How do I deal with it?
   

• Problems have come up and I am stuck.   How do I resolve my problem and the probate "back on track?"
   

• Someone has filed an objection.  A dispute has arisen.  A formally cooperative heir or creditor is no longer "friendly."  How can I follow the rules and get the property distributed and the estate closed?

Heirs and Beneficiaries ---

• How do I determine if I am entitled to any property from the estate?  And if I am, how do I ensure that I will receive everything that I'm entitled to receive?
   

• I'm a surviving joint tenant, named death beneficiary, etc.  What do I need to do to obtain Decedent's non-probate property to which I'm entitled?
   

• The Personal Representative or his/her attorney is not responding to my calls or is being uncooperative.  How can I "light a fire" under him/her, so the probate may be closed and its property distributed?
   

• I have serious concerns about the actions or inactions of the Personal Representative or his/her attorney, and fear that they may be jeopardizing the Decedent's intentions, his/her estate, and my receiving what I'm entitled to receive.  Is there anything that I can do?            

Decedent's Creditors ---

• How can I maximize my chances that I will be paid promptly and in full?

Conflicted Fiduciaries Engaging in Self-Dealing Transactions ---

• I'm caught in a situation in which a fiduciary (Lawyer, Executor, Administrator, Personal Representative, Guardian, Attorney-in-Fact, Trustee, Care-taker, etc.) has a conflict of interest (is also a potential heir or beneficiary; is acting in multiple capacities in a transaction, eg, buyer, seller, broker; has something to gain individually) and is engaging in a self-dealing transaction (his/her actions in a fiduciary capacity directly or indirectly benefit him/her or his/her friends or acquaintances).  How can I ensure that the fiduciary's actions are fair and impartial?

Dealing with Legal Incapacity ---

• Minors: A child that's close to me is developmentally or otherwise disabled.  How do I obtain the authority to be responsible for the his/her care, especially if he/she is almost 18 and about to become an adult?  A child that's close to me has inherited or received a settlement of money or other property.  How do I obtain the authority to receive the funds and manage them for the child until he/she becomes an adult?
   

• Adults: An adult close to me has become disabled (eg, car accident, stroke, Alzheimer's, etc.) and is having increasing difficulty caring for themselves or their property.  How do I get myself or another appointed to make personal and health care decisions or manage their property (or both) for them?
   

• Abuse/Neglect: Someone close to me is vulnerable and being taking advantage of or neglected by another (such as their care-taker, their Attorney-in-Fact under a Power of Attorney, or one of their relatives or neighbors).  How can I obtain protection for them?
   

• Uncertainty: I'm unclear whether a guardianship is warranted and, if so, who the Guardian should be?

Current Estate/Guardianship Counsel ---

• Would it be more efficient for me to hire a lawyer?

If you have questions or would like to discuss your particular situation ---

Give us a call: 800-953-2003

or

Send an Email with your name, telephone number, and a brief statement indicating your question

David H. Davies, Attorney at Law

 P.O. Box 1264

Willoughby OH  44096

 ddavies@ohiobarrister.com

(800) 953-2003

(440) 953-2000