Dealing with the legal side of a loved one’s passing is difficult under any circumstances. When the estate must go through probate, when family members disagree about the administration of an estate, or when the validity of a will is in question, the process becomes even more stressful. Zachary B. Simonoff represents clients in Lorain County Probate Court and throughout Northeast Ohio in estate administration matters and probate litigation.
Estate Administration
When someone dies, their assets and debts must be addressed through a legal process. If the decedent had a will, the estate goes through probate and the executor named in the will is responsible for administering it. If there was no will, the court appoints an administrator to handle the estate under Ohio’s descent and distribution statute (R.C. Chapter 2105). Either way, the person responsible for the estate — the fiduciary — must follow specific procedures and timelines set out in Ohio’s Revised Code.
Zachary B. Simonoff assists executors and administrators through every step of the probate process, including filing the application to open the estate and having the fiduciary appointed, identifying, inventorying, and appraising estate assets, notifying creditors and addressing claims against the estate, filing required accountings with the probate court, paying debts, taxes, and expenses of administration, and distributing assets to beneficiaries or heirs in accordance with the will or Ohio’s descent and distribution statute.
Even straightforward estates require careful attention to procedural requirements and court deadlines. Missing a step or filing deadline can result in personal liability for the fiduciary. Having an attorney guide you through the process ensures that the estate is administered correctly and efficiently.
Summary Administration and Release from Administration
Not every estate requires full probate. Ohio law provides streamlined procedures for smaller or less complicated estates. A summary release from administration may be available when the estate’s assets do not exceed the cost of a funeral and burial. A release from administration is available when the value of the estate does not exceed $100,000. These alternative procedures can save time and expense when they apply. Zachary B. Simonoff can evaluate your situation and determine which process is appropriate.
Transfer on Death Designations and Survivorship
Some assets pass outside of probate entirely through transfer-on-death designations, joint ownership with right of survivorship, or beneficiary designations on financial accounts and insurance policies. Understanding how these tools interact with the probate process — and with the decedent’s will — is important for both estate planning and administration.
Probate Litigation
Unfortunately, disputes sometimes arise during the probate process. Family members may disagree about the validity of a will, the conduct of the executor or administrator, or the distribution of estate assets. When these disputes cannot be resolved informally, litigation in probate court may be necessary.
Zachary B. Simonoff handles contested probate matters including the defense of will contests. A will contest is a challenge to the validity of a will, typically brought on grounds such as lack of testamentary capacity, undue influence, fraud, or improper execution. He represents executors, administrators, and beneficiaries who need to defend against these challenges and uphold the decedent’s wishes. He also represents clients in disputes over the removal of a fiduciary when an executor or administrator has failed to perform their duties, mismanaged estate assets, or acted in their own interest rather than the interest of the estate. He handles actions for breach of fiduciary duty when the person administering the estate has mishandled funds, failed to account for assets, or distributed property improperly. He also assists with disputes over the interpretation of will provisions when the language of a will is ambiguous and the beneficiaries or heirs disagree about what the decedent intended, as well as actions to compel an accounting when a fiduciary has failed to provide a required accounting to the court or to the beneficiaries.
Probate litigation can be emotionally charged, particularly when the dispute is between family members. Zachary B. Simonoff works to resolve these matters as efficiently as possible while protecting his client’s rights and interests.
Guardianships
In some cases, an individual may become unable to manage their own affairs due to illness, injury, or cognitive decline. When this happens, a family member or other interested party may petition the probate court to appoint a guardian. A guardian of the person makes decisions about the individual’s care and living arrangements. A guardian of the estate manages the individual’s financial affairs. Guardianship proceedings require evidence that the individual is incompetent and that a guardianship is in their best interest. Zachary B. Simonoff assists clients with filing guardianship applications, serving as appointed counsel, and addressing disputes that arise in existing guardianships.
If you need help with an estate, a probate dispute, or a guardianship matter, call 440.253.9459 to schedule a consultation.