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Trust and Probate Estate Administration

Probate

If you are the Executor or Personal Representative of an estate, you may feel overwhelmed. You have legal requirements you must fulfill. The Executor or Personal Representative can be held personally liable for inaccuracies or judgments that arise from a probate administration. Therefore, it is crucial to have an experienced probate lawyer working with you. We will work to facilitate probate administration responsibly and efficiently while reducing the strain you experience.

“Legal practice in the Probate Court is restricted by law to attorneys who are licensed by the Supreme Court of Ohio. Due to the complexity of the law and desire to avoid costly errors, most individuals who have filings before the Court are represented by an attorney. Court employees are prohibited by statute from practicing law and cannot give legal advice.”
–Franklin County Probate Court Website

Estate (or Trust) Administration

Proper estate planning is a critical element to preserve assets for the future and for probate avoidance purposes. However, if a trust is not administered promptly and properly when the trustmaker dies, the time, expense, and possible tax benefits of the estate planning may be lost or diminished and the intentions of the trustmaker not realized.

The trustee of a trust has statutory and fiduciary duties to the beneficiaries and is held to a high legal standard. The trustee is financially responsible for the failure to perform his or her duties to the required legal standard. It is important for a trustee to understand the scope of this responsibility and the proper performance of his or her duties as trustee. Contact the experienced lawyers at Resch, Root & Philipps for advice and counsel with respect to your obligations as trustee.

We will guide you through the complex trustee responsibilities to enable you to:

  • Determine tax elections and post-death tax plans
  • File Income and Estate Tax Returns
  • Pay all bills and taxes which are due
  • Protect assets during administration
  • Collect all assets
  • Provide an accounting to the trust beneficiaries of the assets, liabilities and administrative costs associated with the administration of the trust
  • Distribute assets to beneficiaries according to the terms of the trust