Legal Question in Wills and Trusts in Ohio
My Dad just passed away, the home he owned is in his and my deceased Mom's name, I know this will have to go through probate, how costly will this be and is there a simple route that my sister and I can go through to get the house put in our names, what are my legal rights because I feel as if she is dragging me through the wringer with all these fee's she is saying we have to pay and yes I do know we have to pay inheritance tax .Please advice on the easiest and least expense route as I have just recently returnes to work after being unemployed for 11 months
2 Answers from Attorneys
Please accept my condolences on the loss of your father.
The majority of the costs associated with a full administration of an estate in an Ohio probate court come from 2 areas, namely attorney fees and executor or administrator fees. The actual court costs are typically less than 300 dollars.
The exact costs that an attorney will charge will vary depending upon the particular county where your parents resided, mainly because each county is able to set its own fee schedule by which the attorney earns his fee; and, while an attorney may choose to charge less than what the fee schedule entitles him or her to charge, you may have to shop around to find one willing to do that. But, the other issue to consider is that price shopping may lead you to a less experienced lawyer that may not be able to work as quickly or efficiently.
If you are concerned about your rights or that your sister is not handling matters properly, you should meet promptly meet with your own attorney for a consultation.
Further, if you need representation in Ohio, and if your parents resided in Northeast Ohio, my office is located in Westlake, just west of Cleveland, and I can reached at 440.899.7710. In any event, I wish you well in resolving this matter.
-Tony Rifici
I would suggest that you encourge your sister to find an experienced probate attorney who will handle the probate on a hourly fee basis. Many inexperience attorneys will end up being more expensive and take longer.
If you have questions about what your sister is telling you then I would contact the attorney she has chosen to discuss the matter directly. If you are concerned about the actions she is taking you might want to consult with your own attorney.