Legal Question in Wills and Trusts in Ohio
A family member died several years ago. Credit card debt and taxes due were greater than assets. Probate was never established. However the estate continues to receive commission checks, so situation has changed. Trying to figure out if an attorney would be interested in handling this matter. Can the attorney get paid from the estate assets even though total assets may (this needs to be determined) be less than total liabilities (ie. do attorney fees take precedent over credit card bills and state/federal taxes? I assume no to taxes, but maybe to credit card debt). Also, should this be handled by an Ohio attorney? What is best way to find an attorney who may be interested?
2 Answers from Attorneys
If your family member is a resident of Ohio, the probate administration would take place in that person's county probate court. Attorneys are not permitted to take a percentage of a probate estate. They are expected to charge an hourly rate which is approved by the probate court. Normally, attorneys are paid at the end of the administration. There is a statute that tells you the order of payment to debtors in an estate. In your case, an initial consulation might be in order for an attorney to see whether the estate can afford the attorney. Otherwise, payment would have to come from another source.
Attorney fees and the cost of administration will take precedence over any other debts of the estate. You should retain an attorney who practiced in the state of Ohio, if that is where the deceased was a resident. You can find an experienced attorney who practices in the area of Probate law through the local bar association or you can also use attorney seach websites such as this one. I hope this helps.
Christine Sabio Socrates
Attorney at Law
2000 Auburn Drive, Suite 200
Beachwood, Oh 44122
www.socrateslegal.com
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