Whichever path your loved one chose
How an estate is settled was decided long ago, by the planning your loved one did.
I’ll start by reviewing what they left, such as a will, a trust, deeds, and beneficiary
designations, and then guide you along whichever paths their plan calls for.
Simpler doesn’t mean do-it-yourself. A trust is often simpler
to settle than probate. But with no court overseeing the process, the trustee is responsible for
getting notices, taxes, and distributions right, and mistakes often surface only later.
When a loved one has just passed
In the first days and weeks, it’s hard to know what needs to happen now and what can wait.
Start by locating the will and any trust documents, ordering several certified copies of the death
certificate, and securing the home, vehicles, and valuables. Just as important is what not to do
yet: hold off on paying bills, giving away belongings, or handing out money until we’ve talked
and you have clear authority to act. An early conversation can prevent problems that are hard to
undo later.
Executors & administrators
If there’s a will, the person it names is the executor. If there isn’t, the court
appoints an administrator. Either way, you take on legal duties to the heirs, beneficiaries, and
creditors, and mistakes can mean delays or even personal liability. I’ll represent you through
every step and make sure the required notices, inventories, and accounts are done right.
Guidance for trustees
If you’re serving as trustee of a family member’s trust, you have legal duties to the
beneficiaries, including keeping them informed and acting fairly and carefully. I advise and
represent trustees: I can explain your obligations, help you prepare required notices, review
distributions, and help you respond if a beneficiary raises concerns.
Probate administration: five steps
- Open the estate. File the will and an application with the probate court (here,
the Summit County Probate Court), which appoints the executor or administrator.
- Notify heirs and creditors. Give the notices the law requires.
- Inventory the assets. Identify, collect, and value what the estate owns, and
file the inventory with the court.
- Pay debts, expenses, and taxes. Review creditor claims, pay the valid ones, and
file final tax returns.
- Distribute and close. Distribute what’s left, file a final account, and
ask the court to close the estate.
Trust administration: five steps
- Understand your role. Review the trust to confirm your authority, what it asks
of you, and whether it ends now or continues for some beneficiaries.
- Notify beneficiaries. Give beneficiaries the notices Ohio law requires, and keep
them reasonably informed from then on.
- Take charge of the trust assets. Obtain a tax ID, open a trust account, and
secure, value, and manage the assets carefully.
- Pay expenses and taxes. Pay final bills and trust expenses, file required tax
returns, and keep clear records.
- Distribute or continue. Distribute the assets under the trust’s terms with
an accounting, or keep managing any trust that continues, such as one for a minor or a beneficiary
with a disability.
Real estate & the family home
A house is often the largest and most emotional asset in an estate. If the home is held in a trust
or has a transfer-on-death designation, it can usually pass or be sold privately, without probate.
If it’s in the person’s name alone, it generally goes through probate, and the
court’s procedures must be followed to sell or transfer it. Either way, the property needs to
stay secured, insured, and maintained while things are settled, and family members don’t
always agree on what should happen. I’ll help you handle it properly and keep everyone
informed.