Tag: cleveland probate attorneys

How Do I Change My Child’s Name?

There are a number of reasons why a parent may what to change her child’s name.  The most common situation that I have seen is that either a father has or has not been involved in the child’s life, and for that reason the mother wishes to change the child’s last name. 

In order to change your child’s name, an application would need to be filed with the Probate Court in the county that the child has resided in for at least one year.  On the application, the applicant will have to state the reasons for the requested name change and the requested name.  Notice of the application will have to be given to the non-consenting… Read the rest

Lessons for Trustees and Beneficiaries Part IV- Fiduciary Duties

Fiduciary duties are duties owed by a Trustee to the Beneficiaries of a Trust.  One of those duties is the duty of Impartiality.  Impartiality means that if a Trust has two or more beneficiaries, the Trustee has a duty to treat all beneficiaries fairly.  Fairly does not necessarily mean equally; It all depends on the terms of the Trust.  The terms of a Trust can state that one beneficiary should be favored over another.  For example, when the beneficiaries of a Trust are a spouse and children, the spouse is often favored during her lifetime.  If that is the case, then the Trustee must follow … Read the rest

What is an Advancement and How Does it Work?

An advancement is a gift given during life to a future heir with the intent that the gift be treated as part of the heir’s inheritance.  For example, a Mother has a Last Will and Testament stating that $50,000 will go to her daughter and $50,000 will go to her son.  While living, Mother gives a $20,000 advancement to her son.  Upon Mother’s death, the son will receive $30,000 and the daughter will receive $50,000.  As the son received $20,000 of his inheritance during life, he will receive $20,000 less upon his Mother’s death.

An advancement is only effective if it is declared in a contemporaneous writing… Read the rest

How do I get Appointed Administrator of an Estate in Ohio?

In Ohio, if a person dies without a valid will and the deceased had probate property (see http://www.perlalaw.com/blog/what-is-probate-property-and-why-do-i-need-it-for-my-will-to-operate/), the Probate Court in the county where the person died will need to appoint an Administrator.

When determining who should be appointed Administrator of an estate, the Court will go through candidates in order of priority.  First, the surviving spouse, if a resident of the state of Ohio.  Second, the next of kin of the deceased, if a resident of the state of Ohio. If there is no spouse or next of … Read the rest

What is Probate Property and Why Do I Need it for My Will to Operate?

Probate property is property that does not have a mechanism to transfer ownership at death.  Examples of mechanisms to transfer ownership at death are beneficiary designations or a transfer on death designation affidavit. 

Examples of probate property are bank accounts without beneficiary designations, automobiles titled in one person’s name, houses titled in one person’s name and without a transfer on death designation affidavit, household items, family heirlooms, etc.

A Will only dictates the transfer of probate property.  A Will has no bearing on non-probate property.

For example:… Read the rest