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Cincinnati Probate Attorney

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Cincinnati Probate Attorney

Cincinnati Probate Lawyer

Losing a family member or other loved one is never an easy process. The emotions and stress you are already feeling can only be exemplified when you are faced with the prospect of probate court. For many folks, this will be the first time they are required to set foot in the Hamilton County Probate Court on East 9th Street, which can be a daunting experience. Thankfully, with the counsel of a Cincinnati probate attorney, the process can run relatively smoothly.

At Hoberg Law, we have been dedicated to the legacy and protection of Cincinnati area families since 2011. With over a decade of experience, we are here to help you move through the grief of losing a loved one and ensure that their wishes are carried out in accordance with their estate plan. Probate is never an easy process, but with proactive planning and the right legal assistance, it can be simplified for all involved.

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call for a consultation(513) 653-4587

Understanding the Probate Process of Cincinnati, OH

Going through the probate process can be exceedingly complex, no matter the size of an estate. If you have never had to undertake probate, you might be feeling overwhelmed. This is understandable, and though Ohio laws do not require you to have a lawyer on your side during probate, a family lawyer can prove essential to the outcome and your own peace of mind.

Probate can become extremely complicated when an individual dies without a valid will. As of 2024, only 32% of Americans have a will established, and when they pass away, their estate will be divided according to the intestate laws of Ohio. If your estate is left up to intestate laws, your wishes will likely not be followed, which is why creating an estate plan is so important.

At Hoberg Law, we are here to help you through every step of the probate process. When there is a will involved, the process can run a bit smoother, but it can still prove difficult without an estate planning lawyer present. It is important to understand the process involved with probate, especially if you have been named the executor of your loved one’s will.

You Should Appoint an Executor

In a valid will, someone will be named as the executor of the estate. Usually, this is a close family member or friend whom the deceased party trusted to carry out their estate through probate and handle all of the related responsibilities. It will be this party’s job to carry out the rest of the steps involved in probate and make all individuals named in the will aware of their loved one’s death and the start of the probate process.

The Executor Puts Together a List of Assets

The executor will then need to compile a list of all assets owned by the estate. Your estate planning attorney can help you locate all assets and create this list in order to report all assets and obligations to the probate courts.

Asset Valuation

Once all assets have been identified, the probate court will need to determine the assets’ values. The courts may decide to appoint an appraiser to look over all assets and property held by the estate in order to assign correct values.

Debt Payment

Once you are made aware of the estate’s value, as the executor, you will need to uncover any remaining debts or tax liabilities held by the estate. A probate lawyer from Hoberg Law can help you locate all debts and notify all creditors of the estate of the death. These creditors will only have a set amount of time to submit their claim before they are no longer able to do so.

Tax Filing

Once all debts and tax liabilities have been identified, the executor must prepare and file the last income tax return of the deceased. Upon the death of the estate’s owner, all income, property, and estate taxes must be paid. Your attorney can help by assisting you in preparing, filing, and appealing any estate taxes.

Asset Distribution

Finally, once all assets have been located and valued and all taxes and debts paid off, the executor of the estate will distribute the remaining assets to the beneficiaries named in the will.

Why You Need to Hire a Probate Attorney in Cincinnati, OH?

While it is not legally required to have a Cincinnati probate attorney, they can prove valuable to the process and outcome of probate. The reality is that only 24% of Americans have a solid estate plan in place, meaning that a large portion of individuals will pass away and leave their assets and legacy up to chance. When you hire a probate attorney, they can provide you with several services, including:

  • Conflict minimization. Probate can be confusing, and disputes can often arise between family members. These disputes often arise regarding the will, and your attorney can step in and help resolve these conflicts.
  • Saving time and money. Efficiently managing probate can help reduce the time and costs often involved. Having an experienced lawyer can help streamline the overall process, decrease delays, and lower the chances of any mistakes being made.
  • Inheritance protection. Legal issues that can arise in probate can also affect your inheritance. Your attorney is here to help protect your interests and maximize the amount of money left over from tax liabilities and debts.
  • Compassionate management. Probate is difficult, no matter what the situation is, and there are deadlines, paperwork, and formalities that must be correctly followed. Your attorney can help ensure all steps are correctly followed and you meet all the necessary deadlines.

Meet the Attorney

Scott Hoberg

Scott Hoberg guides families toward achieving their aspirations and establishing lasting stability. Leveraging his expertise, he assists clients in building generational wealth by addressing family and real estate challenges. With thoughtful preparation and strategic planning, he safeguards families in times of both urgent and significant decisions. As a published author and presenter of legal seminars on estate planning, family law disputes and premarital agreements, he also hosts and appears on a podcast covering estate and probate matters.

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Protect Your Legacy: Contact Hoberg Law Today

Probate can be confusing, and without the right legal help, delicate issues can arise. When you work with the attorneys at Hoberg Law, we are here to help ensure the entire process goes as smoothly and quickly as possible. With proactive planning and compassionate guidance, we are here to walk you through every step of probate and ensure you and your loved ones are protected for years to come. Contact our offices today to schedule a consultation.

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