The answer to this question varies according to the type of matter. A flat fee is charged for certain matters, such as representation in most bankruptcy proceedings, representation at real estate closings, dissolutions and other proceedings. A flat fee is also charged for the preparation of documents, like wills, powers of attorney, living wills and deeds.
A retainer is required for several services, including representation for traffic matters, criminal defense, drunk driving and divorce.
Attorney fees for the administration of Estates (Probate) are generally paid after the conclusion of the estate and a final account is filed. Attorney fees may be a flat fee for services, an hourly rate or be determined by a pre-approved Probate Court Schedule.
We accept payment for fees and services by check, cash or credit card.
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The probate process in Ohio is a court procedure initiated when an Ohio resident dies owning probate property. The process (1) determines the last valid will of the decedent, if any, (2) determines the nature, extent and value of the decedent's assets, (3) establishes all debts of the decedent, and (4) establishes the method of distribution of assets to the heirs or beneficiaries after payment of debts, taxes and costs.
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The probate process is only necessary when a decedent dies owning probate property (property owned solely by the decedent with no mechanism in law or contract to transfer). Ohio law permits smaller estates to be administered by expedited procedures (Relief from Administration or Summary Release) depending on the value of the assets.
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Generally, you will not be required to report assets received from an estate distribution on your 1040 return as income.
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You may wish to bring all existing documents like your will, living will, powers of attorney, trusts and deeds to your appointment. Please be prepared to discuss the people you wish to designate as beneficiaries, executors, trustees, guardians or attorneys-in-fact. The name, address and phone number of anyone you wish to designate in any of the documents is also important. Also, please be prepared to discuss what assets you own and the debts you may have. If you are unable to locate this basic information, the attorney may provide you an additional worksheet to take home and complete.
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Please contact us as soon as you have a signed purchase agreement (or even prior to execution) for our attorneys to review. Please bring in the agreement, any disclosure statements, inspection reports and any other bank documents. Please be prepared to discuss the name of the other party, names of all realtors/real estate companies, names of any lenders and any other pertinent information.
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Please bring information about your debts, a list of all assets that you own or have an interest in and a monthly budget consisting of your income and expenses.
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The Bankruptcy Reform Act of 2005, effective October 1, 2005, made major changes to the Bankruptcy Code. The process to determine the correct procedure for your situation is more complicated. However, individual consumer debtors are able to discharge their debts under Chapter 7, if they qualify. Chapter 13 (Wage Earner Reorganization), Chapter 11 (Business Reorganization) and Chapter 12 (Family Farm) relief is also available under the Code.
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A Chapter 13 proceeding may be helpful in stopping a foreclosure complaint and allow you to catch up on delinquent payments, with Bankruptcy Court protection.
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If you are contemplating a divorce or have already been served with a Complaint, bring a copy of the complaint and all court schedules.
If you are interested in a dissolution, please be prepared to discuss the terms of your separation agreement and a proposed division of assets and liabilities.
In both cases, you will also need information regarding the date and location of marriage, names and dates of birth for all children, a schedule of all debts and an inventory of all assets.
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Please bring any official paperwork you have in your possession, like a summons/complaint or traffic ticket. An appointment is not always necessary, so feel free to contact the office with information about your court date. However, in all cases, a retainer will be required before services are performed or an appearance made by an attorney.
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