Probate

Cleveland Probate Attorneys

Probate is the often protracted, expensive process by which beneficiaries acquire the transfer of ownership of assets after a relative or friend has died. An order by the probate court will determine a person's right to the property so that no future claims against it will be recognized.

The Cleveland law offices of Aggers Joseph Co., LPA provide a wide range of probate, estate administration, and trust administration services. We are highly experienced at representing families with estates in probate court and will put our well-known work ethic to good use in defending both the deceased’s wishes and your own rights.

Preventing Probate

The transfer of assets to your heirs through the probate process is often the least convenient, most costly option available. The process of a court determining the validity of a decedent's will and overseeing completion of the deceased’s wishes does not complete itself overnight.

While many estates are administered without controversy, issues that are typically contested in probate include:

• Competence of the deceased when the will was signed
• Improper execution of the will
• Duress, or undue influence by another person
• Inadequate consideration to a surviving spouse

Most probate issues can be avoided with the kind of thorough estate planning we heartily recommend at Aggers Joseph Co., LPA. In some cases, however, even when individuals are armed with the most careful estate planning possible, probate is unavoidable. When there is a challenge to assets of an estate that could possibly adversely affect you, it is always advisable to have experienced and skilled probate attorneys representing you and your family's interests.

Probate Simplified

The probate process represents a court-supervised transfer of title of an asset to a living person's name. The recipient's identity depends upon whether or not the decedent left corresponding instructions in a will or, if no will is found, which statutes apply that identify the recipient by default.

Probate as spelled out in this way may seem simple, but as with many aspects of law, the process usually is not so simple. A number of people may have interests in the probate estate: creditors, family members, beneficiaries, a surviving spouse, attorneys, and the personal representative for the estate. Because of the protected interests involved, the succession of steps necessary to complete the will contest process can be lengthy and costly. Moreover, it is our goal to ease the burden of administering an estate while still grieving over the loss of a loved one.

The most critical phase of the probate law process comes with the passing of a family member. Our collective goal, that of our probate attorneys and our survivor clients, should be to locate the deceased's will as well as their assets to prevent any dissipation of the estate.

Will or No Will?

If there is a will, we help you pinpoint and contact the executor named in it. You should definitely make arrangements to have the original will filed with the clerk of the court within 30 days of the decedent's date of death, so that the estate administration process can begin.

If there is no will, an administrator should be nominated by the decedent's heirs and approved by the court so the probate process can begin. The administrator may be an individual or a corporate entity.

The administrator, or executor, hires an attorney to file the necessary probate pleadings, secure the assets, and prevent any dissipation by the state. We will deftly attend to all of these details, be they major or minute, at Aggers Joseph Co., LPA. We are able to serve as the administrator or executor if requested or prudent.

Not all probate actions are exactly alike. Usually, the larger the estate, the more in-depth and exhaustive the process will be. Estates of modest value can be probated in much less time. We can explore these contingencies when we speak with you.

Be in Touch Today

By phone, fax, or via e-mail, so our outstanding probate lawyers can arrange to sit down and chat with you about your unique legal needs. We have 15 years experience in helping our Cleveland and Ohio clients with these vital probate litigation concerns. We look forward to meeting you during your initial consultation.