Estate Administration

Probate and Estate Administration

If you need an attorney to help you handle the closing of a family member's estate, the probate attorneys at Bailey & Gunderson are here to help. If you are concerned about how long it will take to probate the estate, how much money it will cost, and how difficult the process will be, we understand. The probate attorneys at Bailey & Gunderson assist clients with their probate needs every day. We will guide you through the administration of the estate, and will explain to you the entire process.

Following the passing of a loved one, the family often wishes for nothing more than to have time to grieve, collect their memories, and move forward. However, this is often disrupted by the need to administer the estate. At Bailey & Gunderson, we relieve you of the burden of estate administration. We work diligently to alleviate the time, expense, and stress associated with the process.

Estate administration is essentially the process of resolving the remaining issues that the decedent had before he or she died, and transferring his or her assets to the heirs or beneficiaries according to the decedent's Last Will and Testament, and his or her estate plans. If an effective estate plan has not been established, which designates the decedent's intentions for transferring assets upon his or her death, the State of Ohio has laws which will make these decisions.

The probate attorneys at Bailey & Gunderson have the experience and the necessary understanding of the probate laws and procedures for estate administration. We will advise the executors, administrators or personal representatives of the estate through the entire estate administration process, including:

  • Admitting the Last Will & Testament in the Probate Court
  • Appointing the personal representative of the estate
  • Advice and assistance on collecting all assets (collecting and appraising real estate, personal property, life insurance policies, unpaid income, and other assets)
  • Advice and assistance on determining debts of the estate (notifying creditors, verifying validity of debts, and contesting invalid debts)
  • Filing estate income tax returns
  • Advice and assistance with asset distribution (distributing remaining assets to heirs, and titling assets)
  • Finalization of the administration of the estate (filing the final account of the representative of the estate)

The probate attorneys at Bailey & Gunderson understand that the administration of a loved one's estate can be emotional and overwhelming. We are dedicated to helping families through the estate administration process as quickly as possible.

The probate attorneys at Bailey & Gunderson welcome the opportunity to assist you with your probate needs.

Since 1995, the law firm of Bailey & Gunderson has assisted probate clients in the greater Cincinnati area (Hamilton, Clermont, Butler and Warren counties). If you have questions or need information about estate planning and probate, please call our Cincinnati office.

Payment Plans and All Major Credit Cards Accepted

Frequently Asked Questions

  • I hear bankruptcy is a lot harder to file now. What is the difference?
    • Since Congress passed the new bankruptcy law in 2005, it is necessary to take two bankruptcy counseling courses. The first bankruptcy counseling course must be taken before you can file your bankruptcy petition, and the second bankruptcy counseling course must be taken before the court will issue the discharge order relieving you from your debt. Both bankruptcy counseling courses can be taken on-line for a small fee, and can be done in a few hours.

      There are also stricter requirements on who can get a total discharge of debts under a Chapter 7 bankruptcy. You must earn under a certain annual income for your area of residence, or you must be able to pass a means test provided for by the bankruptcy law. Under this means test, your income is matched against a formula for average monthly expenses in your area of residence to determine your monthly disposable income. Your debts are compared with your monthly disposable income to determine if you can afford to pay your debts. If you do not pass the means test, you may still get bankruptcy protection through a Chapter 13 bankruptcy where you pay some or all of your debts through a payment plan. While these restrictions limit some people, the bankruptcy attorneys at Bailey & Gunderson have found that the vast majority of people who need the protection of a bankruptcy are still able to take advantage of it.

  • Can I get all debts discharged through Bankruptcy?
    • Under Chapter 7 bankruptcy, you may get a total discharge of your debt. However, some of your debts may not be dischargeable. For instance, income taxes may not be discharged except where the debt is at least three years old, and you filed your income tax return timely. Student loans and child & spousal support obligations are also not dischargeable. Debts incurred through fraud are, likewise, not dischargeable. You may, however, apply to pay these debts through a Chapter 13 payment plan. The bankruptcy attorneys at Bailey & Gunderson can show you how.

  • What happens in a Chapter 13 bankruptcy plan?
    • In a Chapter 13 Bankruptcy plan, you typically pay your debts over a 3 to 5 year period. Each month, you make a payment amount (usually through a wage deduction order from your paycheck) which is then distributed by the bankruptcy trustee to your creditors. Secured debts, such an automobile loan, shall be paid through your Chapter 13 bankruptcy plan. Your non-secured debts will be paid from 1% to 100% of the total amount of your non-secured debt, and will be paid interest-free. The percentage of your non-secured debt that you must pay will initially be determined by the bankruptcy attorneys at Bailey & Gunderson. Once you have completed your Chapter 13 Bankruptcy plan, any remaining debts not paid through your Chapter 13 bankruptcy plan shall be discharged.

  • Will I lose my house, car or retirement savings by filing Bankruptcy?
    • The bankruptcy attorneys at Bailey & Gunderson will work with you to minimize the assets (if any) you may have to surrender when you file for bankruptcy. You are entitled to keep a certain amount of assets, which are "exempt", from seizure by creditors or the bankruptcy trustee. If the Chapter 7 bankruptcy exemptions do not provide enough protection, the bankruptcy attorneys at Bailey & Gunderson can develop a Chapter 13 bankruptcy plan that will preserve your assets.

      Working without an attorney, or with inexperienced counsel, may result in unpleasant surprises for you, as you may have to forfeit assets that you could have saved with better planning. The bankruptcy attorneys at Bailey & Gunderson can show you how.

      The attorneys at Bailey & Gunderson have filed over 1,000 bankruptcy cases. We offer a free initial consultation, and reasonable payment plans for our bankruptcy clients.

      Since 1995, the law firm of Bailey & Gunderson has assisted bankruptcy clients in the greater Cincinnati area (Hamilton, Clermont, Butler, Warren, and Brown Counties). If you have questions or need information about bankruptcy, please call our Cincinnati office at 866-540-8424, or email us.

  • Why Choose a Dissolution of Marriage?
    • A dissolution of marriage offers many advantages over a traditional divorce. The first consideration for many couples is that a dissolution of marriage is a much faster process than a contested divorce. Once your petition for dissolution of marriage has been filed, a hearing before a judge or magistrate shall occur within 30 to 45 days. A dissolution of marriage is usually much less expensive - both in terms of attorney fees and costs, as well as emotionally, because the spouses resolve the issues between them by agreement.

      It is a common misunderstanding that in a dissolution of marriage, the couple hires one attorney who works with them to resolve the issues and generate a separation agreement. In fact, an Ohio attorney can only represent one of the spouses. The family law attorneys at Bailey & Gunderson help to identify all of the issues which need to be addressed in your unique situation. Our firm will work with you to identify all of the assets and debts associated with the marriage, and to determine the most equitable and fair distribution of those assets and debts between the spouses. We also are committed to serving the best interests of your children. Some parents choose to have a shared parenting plan, which allocates the parental rights and responsibilities between the parents, including parenting time, child support, decision making, and payment of health insurance & expenses.

  • What Factors Does a Child Support Calculation Take Into Account?
    • Ohio child support law uses a formula to calculate child support. The law and the formula it establishes look at a number of factors in determining child support. These factors include:

      * The number of children involved

      * The gross annual income of both parents

      * The monthly child support obligations of either parent for other children

      * Existing spousal support obligations from previous marriages

      * Monthly day care, education and health care expenses

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