Probate Matters

Probate, Estates, & Guardianship Attorneys in Columbus, Newark and Zanesville Ohio

          The attorneys at Zellar & Zellar, Attorneys at Law, Inc., are experienced in handling Probate and Probate-related matters.  This would include Estates when a person has died, guardianships when a person needs to have a representative appointed by the Court due to incapacity, and adoption proceedings wherein a minor is issued a new birth certificate listing the adoptive parent as their new birth parent.  These are all complicated matters and require attorneys who are experienced in handling the same.

1.     Estates

Estate proceedings provide for the administration or transfer of a person’s assets to their heirs when they have died.  If a person has a will, the assets would be transferred through the Probate proceeding to an individual’s beneficiaries named in the will.  An Estate is filed in the Probate Division of the Common Pleas Court in the county where the individual resided at their time of death.  The attorneys at Zellar & Zellar, Attorneys at Law, Inc., assist the Executor, or Administrator (in the event of no will) in transferring the assets according to the decedent’s wishes as set forth in their Last Will and Testament, or in the event of no will, according to the Ohio Revised Code Statute of Descent and Distribution.  The assets of a person’s Probate Estate are available to pay claims of creditors and any taxes that may be owed at the time of death.  The Probate Court supervises the proceeding to ensure that the assets are distributed to the proper and designated beneficiaries or heirs of the decedent and that any legitimate claims are paid in the process, including Executor’s fees and attorney’s fees which are paid from Estate assets and deducted as an expense on any tax liabilities of the Probate assets.

2.     Guardianships

A guardianship proceeding is a proceeding wherein a person who suffers from some sort of medical or mental / physical disability needs to have a guardian appointed to handle their affairs and medical decisions to ensure they are properly cared for and that their affairs are managed in a good and responsible manner.  Oftentimes, a guardianship proceeding can be avoided if the person requiring a guardian has the necessary capacity to appoint a Durable Power-of-Attorney.  If they understand the nature and extent of their assets and that they require assistance, and are able to nominate a responsible Power-of-Attorney to manage their affairs, then they can simply execute, through the offices of Zellar & Zellar, Attorneys at Law, Inc., a durable power-of-attorney duly appointing a Power-of-Attorney for the intended ward, avoiding the filing fees, the Court costs, and attorney’s fees and other expenses involved with a Court proceeding, such as to establish a guardianship over either the affairs of a person or the actual person themselves, for the remainder of their disability of incapacity or for the remainder of their life.


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