Coping with the loss of a loved one is difficult enough. But the added task of administering your loved one’s estate can seem like too much to handle, especially when you have no idea what needs to be done.
The death of a family member is a hard pill to swallow. When this happens, you will soon find out that it’s not just the grief and the mourning that follow the loss of a loved one.
On top of the funeral and burial arrangements, survivors also have to worry about the administration of the deceased’s estate. And one of the survivors—this could be you—may be appointed as the administrator of the estate (or personal representative).
These added responsibilities and the need to deal with legal matters can be too burdensome and exhausting. But don’t worry. You don’t need to force yourself to navigate the estate administration or probate process alone. You can hire a lawyer to help you with the process, from legal advice to a listening ear.
At Linn Legal, headed by Douglas Linn, we know this process like the back of our hand. Our estate administration attorney in Cincinnati can carry the burden of the process for you so you can focus on the things that really matter: grieving and learning to live without your loved one.
Need help with estate administration in Cincinnati? Reach out to our office to schedule a free case evaluation with an estate planning attorney. Call 513-426-9443 or fill out this contact form.
What Is Estate Administration?
Estate administration is often called “probate.” If you are like most people, you have probably heard this term before. But, like the vast majority of people, you probably don’t know what administering an estate means and what it entails.
When someone dies, something has to happen to their assets and debts, right? That’s what estate administration is for. This process is necessary to wrap up the deceased person’s financial affairs after they pass away.
To do so, the court appoints the administrator of the estate or personal representative to collect the decedent’s assets, discharge their debts, pay taxes, and distribute the remaining estate property to those who are entitled to inherit.
“But what’s the difference between the administrator of the estate and personal representative?” you may be wondering.
If the deceased person leaves behind a Last Will and Testament (or simply a will), the document most likely includes the name of the personal representative. However, if the decedent dies without a will, it will be up to the court to appoint the administrator of the estate to handle the affairs of the estate. So, technically, these two terms mean the same thing.
- Fact: Did you know that 60% of American adults don’t have a will? That’s according to a survey published on the official site of AARP.
Whether you are an estate administrator or personal representative, you are not given a great deal of guidance. You may not know where to begin or how to do things the right way. That’s why you may consider hiring an estate administration attorney to assist you with the process.
Why Hire a Lawyer?
If you have been tasked with administering someone’s estate, you may need a lawyer to help you—but may not realize it yet. But who is an estate administrator attorney? As the name implies, this lawyer helps administer an estate after someone’s passing.
Before you get too deep into trying to understand the intricacies of probate law on your own, you might want to consider the benefits of hiring a lawyer.
1. Locating Assets
Sometimes, it’s not clear what assets make up the deceased person’s estate. If you are tasked with administering the decedent’s estate, you absolutely don’t want to proceed with the administration without first identifying and locating all property owned by the deceased and any relevant financial accounts.
But you have never served as estate administrator, so how on earth does the court expect you to fulfill your responsibilities and ensure all of the decedent’s assets are accounted for? That’s one of the reasons people choose to hire an estate administration attorney who can leverage their extensive experience in this matter.
2. Closing the Estate More Quickly
After the loss of a loved one, the worst thing that can happen is for the estate administration process to be dragged out longer than it should. Make no mistake: administering someone’s estate takes time. It can last anywhere from a few months to several years.
But when the affairs are handled with the utmost care and professionalism, the process tends to be on the shorter end of the spectrum. It makes perfect sense. The more mistakes you make, the longer it will take to close the estate. And the more you hesitate with your next steps, the more time-consuming the process becomes.
An experienced estate administration lawyer has been through this process literally hundreds of times. With their guidance, you will be able to close the estate more quickly, allowing you and the rest of your family to get back to your normal life.
3. Minimizing and Resolving Disputes
When you choose to fulfill your responsibilities as the administrator of the estate without a lawyer’s guidance, you may not fully understand what you’re doing. And if a beneficiary contacts you and asks you why you’ve handled a particular matter the way you did, you may not know what to say.
If the beneficiary isn’t satisfied with your answer, they may assume you are handling matters unprofessionally. This can lead to disputes that can unnecessarily prolong the estate administration process and even expose you to liability for your mistakes.
Sounds like something you’d rather avoid, right? When you have a lawyer administer the deceased person’s estate for you, you minimize the potential conflicts among your heirs and dispel any doubts of mismanagement.
4. Reducing Stress
Imagine having to sort out the details of a loved one’s estate at a time when you’re trying to come to terms with their death. The stress of dealing with the deceased’s financial affairs can stir up a sense of dread.
An attorney can ease your burden and assist you throughout the tedious process of administering the loved one’s estate. This can eliminate the anxiety of dealing with an unknown process and give you the time you need to grieve.
How to Choose the Right Lawyer
Choosing an estate administration attorney is like choosing a doctor. You don’t want just any attorney. Choosing the “right” lawyer usually comes down to these four factors:
- Experience: Just like you wouldn’t choose a doctor with no license and experience, you don’t want to hire a lawyer who has never administered an estate and has no idea what they are doing.
- Reputation: Depending on where you live, there could be dozens or even hundreds of law firms that offer estate administration services. How do you find the right one? As a suggestion: read their reviews online and consider asking for references.
- Fees: Undoubtedly, how much an attorney charges for their services may be one of—if not the most important—factors. You should look for a lawyer who is transparent about their payment structure from the get-go and has reasonable fees.
- Compatibility: Last but not least, you want a lawyer you feel comfortable working with. After all, you’re going to spend months communicating and meeting with this person every now and then. So definitely trust your instincts on this one.
Are you interested in hiring an estate administration attorney in Cincinnati, Ohio? Our team at Linn Legal is here to assist you. We strive to serve our clients with professionalism and compassion during what may be the most emotionally difficult period in their lives. We are happy to answer your questions and discuss your matter during a free initial consultation. Call 513-426-9443 or complete our contact form.