Probate Litigation Attorney in Ohio

There are many reasons why a probate estate requires litigation. The Law Offices of Daniel McGowan, LLC is a full-service law practice with extensive experience in the areas of litigation and trial practice, elder law, probate law, and trust law. Probate litigation attorney Daniel McGowan has built a reputation for being accessible and for his thoughtful and innovative manner in solving probate problems and other civil disputes. In its simplest form, the probate process is meant to settle the debts of a decedent and to distribute remaining assets in accordance with a Last Will and Testament, or lacking a Will, in accordance with Ohio law. But life is rarely simple. And many common issues arise when settling estates in Ohio, including:

• Trust Litigation
• Allegations of Fraud
• Challenges to Wills and Trusts
• Contesting a Will
• Incapacity, Incompetence, and Undue Influence
• Inheritance Disputes
• Concealment of Probate Assets
• Appointment and Removal of Fiduciaries
• Breach of Fiduciary Duty
• Financial Abuse or Exploitation of the Elderly
• Abuse of Powers of Attorney
• Appointment and Removal of Guardians
• Guardianship Disputes
• Settlement of Estates Involving Family Businesses

Because the probate process in Ohio is meant to finalize a decedent’s estate, the best time to seek the advice of a probate litigation attorney in Cleveland is during the probate process, not after you disagree with the case settlement or the distribution of assets.

Ohio Probate Court Process

At the start of probate, a person is appointed to administer the estate, to safeguard the decedent’s property, and make sure it is properly distributed after all verified debts are paid. If there is a Will, this person is usually named in the Will and is called an executor. If there is no Will or no person is named in the Will, this person is appointed by the probate court and is called an administrator.

The executor or administrator may be an individual, a bank, or a trust company. In many cases, disputes begin at this early stage as an executor or administrator will wield power second only to a judge. Common probate tasks include:

• Caring for the decedent's property;
• Collecting payments due the estate, including interest, dividends and other income;
• Collecting debts, claims and notes due the decedent;
• Determining the names, ages, addresses and degree of relationship of all heirs;
• Determining the names, ages and addresses of all beneficiaries, if there is a Will;
• Investigating the validity of all claims against the estate and paying all outstanding obligations;
• Planning for all relevant estate and income tax returns when required and making the required payments;
• Carrying out the instructions of the probate court pertaining to the estate and distributing the assets of the estate to the heirs.