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Probate Law

The Law Offices of David A. Looney Co., LPA deal with a variety of probate and estate planning matters. Our attorneys represent clients throughout northeast Ohio, helping them to develop effective estate planning strategies that protect their interests and goals - now, in the future, and after their death. Clients who come to the Law Offices of David A. Looney benefit from the firm's effectiveness, expertise and experience.

Probate is a court-supervised process for identifying and gathering a decedent's assets, paying estate taxes, claims, and expenses, and distributing assets to beneficiaries. In ideal circumstances, the deceased has defined their wishes via comprehensive estate planning tools such as Wills and Trusts - making probate a relatively smooth and efficient process. Through careful preparation, tax implications can also been addressed so that intended beneficiaries receive the largest benefit possible from your estate.

When a decedent owns assets at death, it is sometimes necessary to undertake a probate administration of the estate. This is true whether or not the decedent died with or without a will. When there is a will, it is said that the person died "testate." If there is no will, the person is said to have died "intestate." In either case, it is beneficial to seek the assistance of an experienced attorney to oversee the administration of the estate.

 

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The services of an attorney are usually required because many legal and procedural issues arise, even in the most basic estate administration. The attorney actually represents the estate's personal representative - the person appointed by the court to be in charge of the administration of the estate. The personal representative, or fiduciary in an estate that involves a will is called an executor. If the decedant did not leave a will, the fiduciary is called an administrator. The fiduciary has the responsibility of performing all acts necessary in the administration of the estate, which includes identifying and appraising the estate assets, filing an estate inventory, paying the claims filed against the estate, distributing the assets, preparing the estate tax return if necessary, and filing a final accounting. The attorney and the estate representative are paid for their services out of the estate assets. Those fees are set by Ohio Law and must be approved by the Court.

There are many laws and procedures which relate to the probating of estates, and the Law Offices of David A. Looney believes that the fiduciary should be able to totally rely on the attorney to see that all acts are performed in accordance with the law.

Probate and estate planning is a complex field and the attorneys at the Law Offices of David A. Looney can help to ensure that the probate process is efficient and in compliance with our clients' personal and professional goals. Please contact us today at 330-785-3337, or save time with our online Contact Form.

The attorneys at the Law Offices of David A. Looney are Experienced, Aggressive, Equipped and Prepared - to fight for you and solve your legal problems.