Hamilton Wills & Probate Lawyer, Ohio


Includes: Estate Administration, Living Wills, Wills

Michael Arthur Newland Lawyer

Michael Arthur Newland

VERIFIED
Criminal, Traffic, Juvenile Law, Wills & Probate, Adoption

Attorney Michael A. Newland is ready to represent you in a variety of criminal accusations and traffic violations, including state misdemeanor charges... (more)

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513-816-0307

Tonya Shur VanBenschoten Lawyer

Tonya Shur VanBenschoten

VERIFIED
Divorce & Family Law, Bankruptcy & Debt, Wills & Probate, Child Custody, Collaborative Law

Tonya handles all aspects of family law- divorce, dissolution, separation, custody and support. She has extensive experience with each element from... (more)

Patrick K. Dunphy Lawyer

Patrick K. Dunphy

VERIFIED
Accident & Injury, Personal Injury, Wills & Probate, Lawsuit & Dispute, Estate Planning

Pat was born and raised in New England and attended college in Vermont. While studying abroad for his junior year he met his wife, Marylee Reisinger, ... (more)

Myron A. Wolf

Wills, Wills & Probate, Collaborative Law, Family Law
Status:  In Good Standing           
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Gena R. Larison

Wills, Collaborative Law, Family Law, Divorce
Status:  In Good Standing           

Elliott Stapleton

Estate Planning, Real Estate, Wills & Probate, Trusts
Status:  In Good Standing           

Sara Chesher Hirka

Real Estate, Wills & Probate, Trusts, Credit & Debt
Status:  In Good Standing           

Dennis L. Adams

Construction, Wills & Probate, Family Law, Bad Faith Insurance, Insurance
Status:  In Good Standing           

Frank Joseph Schiavone

Divorce & Family Law, Criminal, Wills & Probate, Personal Injury
Status:  In Good Standing           Licensed:  42 Years

Susan Cross Lipnickey

Family Law, Estate Planning, Living Wills
Status:  In Good Standing           Licensed:  29 Years

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LEGAL TERMS

SELF-PROVING WILL

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-prov... (more...)
A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-proving when two witnesses sign under penalty of perjury that they observed the willmaker sign it and that he told them it was his will. If no one contests the validity of the will, the probate court will accept the will without hearing the testimony of the witnesses or other evidence. To make a self-proving will in other states, the willmaker and one or more witnesses must sign an affidavit (sworn statement) before a notary public certifying that the will is genuine and that all willmaking formalities have been observed.

PROBATE

The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased pers... (more...)
The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased person's affairs identifying and inventorying the deceased person's property paying debts and taxes identifying heirs, and distributing the deceased person's property according to the will or, if there is no will, according to state law. Formal court-supervised probate is a costly, time-consuming process -- a windfall for lawyers -- which is best avoided if possible.

RESIDUARY BENEFICIARY

A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leav... (more...)
A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leaving his home to Edwina and the remainder of his property to Elmo, then Elmo is the residuary beneficiary.

AUGMENTED ESTATE

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used on... (more...)
In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used only in some states. Its value is calculated only if a surviving spouse declines whatever he or she was left by will and instead claims a share of the deceased spouse's estate. (This is called taking against the will.) The amount of this 'statutory share' or 'elective share' depends on state law.

QDOT TRUST

A trust used to postpone estate tax when more than the amount of the personal federal estate tax exemption is left to a non-U.S. citizen spouse by the other spo... (more...)
A trust used to postpone estate tax when more than the amount of the personal federal estate tax exemption is left to a non-U.S. citizen spouse by the other spouse. QDOT stands for qualified domestic trust.

LETTERS TESTAMENTARY

The document given to an executor by the probate court, authorizing the executor to settle the estate according to either a will or the state's intestate succes... (more...)
The document given to an executor by the probate court, authorizing the executor to settle the estate according to either a will or the state's intestate succession laws.

IRREVOCABLE TRUST

A permanent trust. Once you create it, it cannot be revoked, amended or changed in any way.

INVESTOR

A person who makes investments. An investor may act either for herself or on behalf of others. A stock broker or mutual fund manager, for instance, makes invest... (more...)
A person who makes investments. An investor may act either for herself or on behalf of others. A stock broker or mutual fund manager, for instance, makes investments for others who have entrusted her with their money.

INTESTATE

The condition of dying without a valid will. The probate court appoints an administrator to distribute the deceased person's property according to state law.

SAMPLE LEGAL CASES

In re Guardianship of Spangler

... At one of those hearings, the probate court warned the mother: {¶ 3} "I'm going to give some consideration to appointing a guardian ad litem to go out and do investigation as to whether you're the most suitable guardians or not. ... Probate Court Is the Superior Guardian. ...

In re Guardianship of Santrucek

... See RC 2111.02 and 2109.21. She did however file a petition for appointment of a conservator in the probate court of Clinton County, Michigan. Under Michigan law, a conservator is responsible for management of a ward's property and other financial assets. ...

State ex rel. Mowen v. Mowen

... {¶ 3} In April 2005, the Clermont County Court of Common Pleas, Probate Division, ordered that Barbara be involuntarily hospitalized because it found probable cause that she was a mentally ill person subject to hospitalization by court order. ...