Cherrington Moulton & Evans

Probate Attorney in Gallipolis, OH

Probate is an Important Process After Someone Passes Away in Ohio

Administering a Probate Estate involves making sure the decedent's last wishes and terms of the will are properly carried out in accordance with probate law. With my guidance, I will ensure you, as the decedent's executor or administrator, are in compliance with the various laws of probate. I will address and resolve all estate matters in a timely manner as permitted under probate law, and will prepare and file all required forms and documentation.

Probate Responsibilities an Executor Must Complete:

Identifying and documenting a loved one’s assets and property

Obtaining death certificates

Filling out required paperwork

Filing will with local probate court

Appearing in court when necessary with an attorney

Obtaining Appraisals

Filing and paying taxes

Paying debts

Distributing assets and property to beneficiaries

Add a Power of Attorney for When You Need Help Making Decisions

There might be a time in your life where you are not able to make decisions or manage personal affairs by yourself. A power of attorney is an addition to your estate plan that can help you if and when that time occurs. It is a document that gives permission to the person of your choice to handle your personal affairs in your best interest. There are different kinds of powers of attorney you can add to your estate plan known as a general power of attorney, limited power of attorney and durable power of attorney for healthcare, which is complemented by a living will.

Types of Powers of Attorney:

General Power of Attorney

A general power of attorney gives the agent the right to handle the principal's business and financial transactions, including managing real estate transactions, bank accounts and investments. It is useful if you become physically or mentally incapable of handling your affairs.

Limited Power of Attorney

With this type of power of attorney, the agent has permission to handle specific affairs such as real estate transactions for particular properties. The agent may also manage and conduct certain business and banking transactions.

Durable Power of Attorney for Healthcare and Living Will

Together, these documents give your agent the authority to make decisions pursuant to your instruction regarding critical medical treatment or end-of-life treatment.

Designate What Happens to Your Property and Belongings with a Last Will and Testament

A last will and testament is legal document stating what happens to your assets upon the event of your death. Without a properly prepared and executed last will and testament before you pass away, Ohio's statutory laws determine the distribution of your estate. David C. Evans can assist you in drafting a legal will in compliance with Ohio's complex Probate laws. In your will according to your wishes, you designate how your property and assets will be will be distributed, and appoint an executor to carry out the instructions of your will. This important document makes the entire process easier on your family, as you have made your decisions clear on the administration and distribution of your estate.

Estate Planning Gives Loved Ones Peace of Mind in Difficult Times

When we pass on, our possessions stay here on earth; however, it is possible to decide what happens to them in the future. An estate plan allows you to identify your belongings and property, and who should receive them after you pass away. David C. Evans has legal services for estate planning and administration. Estate plans can include wills, powers of attorney and various other legal documents. With a well thought out estate plan, difficult times will be easier on your loves ones in an emotionally trying time.

Guardianships

Guardianships are a Probate process whereby a person is deemed unfit, either mentally or physically, to care himself or herself. Once the Court determines that a Guardianship is appropriate for someone, a guardian is appointed to act in that person's best interest. Probate laws regarding guardianships are another complex area and David C. Evans can help you comply with the various legal requirements. I represent Guardians and help them perform their duties in accordance with Ohio Probate laws, from start to finish. This includes the establishment of Guardianship, appointment of Guardian, advice on management of the ward's assets, accountings, and ultimately, closing out to the Guardianship.

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