Probate can be a complex process based on the estate's size and details, affecting how much work the executor must do. Since they can have extensive tasks necessary to administer the deceased's estate, choosing someone suitable for the role may be challenging. Some...
Dayton Bankruptcy Law Blog
Can an heir be a personal representative of an estate?
The question of whether an heir can serve as a personal representative of an estate, given their personal interest, is a common consideration during probate. Will their interest in the assets benefit the estate or will it merely cause issues and conflicts? Relation is...
When can avoiding probate help you save money?
Some may consider using various estate planning tools to save money by avoiding probate, but this mindset is often a misconception. Establishing trusts and other options can become more costly than probate expenses. Still, saving money can be possible when avoiding...
Understanding the basics of digital assets in probate
With today’s technology, our properties extend beyond the physical and can now be in the form of digital assets. In the context of estates, digital assets include any online accounts or files stored on digital devices, such as online banking accounts, cryptocurrency...
The role of executor-beneficiary cooperation in probate’s success
In probate, it is important for the executor and the beneficiaries to work well together. This teamwork can make the entire process smoother, avoid disputes and help ensure they administer the estate according to the deceased’s wishes. It avoids conflicts and delays....
What are the benefits of a pour-over will?
Wills can include various conditions to serve different functions. It can have specific or general directions on what happens to the testator's estate after they pass on. Sometimes, this document can work in tandem with other estate planning tools. For example, a...
Be mindful of these common family disputes in probate
When our deceased loved ones’ estates go through probate, we aim to make the process as smooth as possible to ensure a proper distribution of their assets and avoid delays. However, roadblocks can arise during the process, including disagreements among family members....
Why an estate’s total value matters in probate
Probate is a complex process requiring an extensive preparation, including determining the total value of the assets in an estate. This value determination is essential in directing the flow of an estate’s administration. Below are some of the probate aspects directly...
What is the difference between probate and estate administration?
When a person dies, they leave behind their estate. Sometimes, that includes debt. The reason estate administration and probate administration are so similar is because they both refer to the process of collecting the decedent’s assets, paying their debts and...
Can an estate’s executor step down during probate?
Probate courts do not require individuals named executors under someone’s will to take on the responsibility despite what is written on the document. They can refuse the role before the probate process begins. However, let us say an executor initially accepts the...