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PROBATE & ESTATE
Will, Living Trust, Probate and Estate Planning, Power of Attorney, Elder
Adoption, Separation, Divorce, Visitation, Custody, Support, Child Relocation
Workplace Injury, Wrongful Death, Vehicle Accident, Injuries to Child, Negligence
Download our FREE Estate Planning Guide
Our comprehensive guide walks you through the key points of any estate plan including;
- calculating assets and debts
- selecting an executor
- questions to ask yourself before starting the process
- extensive checklist of documents
- “to do’ list
- and more
Voted Super Lawyer (Top 5% in Ohio) from 2007 – 2014
National Trial Lawyers Top 100 Civil Plaintiff Lawyers 2018 – 2019
Martindale-Hubbell® BV+ Distinguished Peer Rated Preeminent.™
US Marine Corps – Judge Advocate
US Marine Corps – Former Asst Chief Defense Council
US Marine Corps – Trial Advocacy Instructor
Injury and Estate Attorney in Columbus
When you search for a lawyer, you want someone who is personable in the office and fearless in the courtroom. As a client, you will work directly with attorney Bendig.
Serving the Columbus Ohio area from our West Side office, or remotely, we provide aggressive representation to achieve the best possible outcome. If an injury limits your mobility, Chuck can come to you.
“I believe that the best lawyer is one who is always accessible. I am committed to provide frequent status updates on case processing and return your phone calls promptly.” – Chuck Bendig
Licensed to practice in state & federal courts, Columbus estate attorney Charles Bendig is prepared to take each case as far as needed to obtain the desired results.
Very knowledgeable in regard to the issue brought to him. Very insightful and willing to help. Went above and beyond by making an in-home visit to address an issue. Very easy to work with, and would recommend.
Probate and Estate Planning FAQs
Which estate planning documents are essential?
If your current financial situations don’t warrant the need for a revocable living trust, then your basic estate plan will typically include the following legal documents:
Probate and estate planning can be tough. I’m here to walk you through it. Give me a call.
What happens if someone dies without a will?
When someone dies without a valid will, Ohio laws will decide how their property will be distributed as well as who will receive the property. Typically family members and heirs that are closely related to the deceased are favored.
Do all wills need to go through probate?
Many people die without going through probate. Many times, all assets pass automatically at death. The will in that situation is a backup document in the event an asset unexpectedly does not pass automatically at death.
Does an estate executor or administrator receive compensation?
Executors administrators can be compensated for the responsibility, time and effort they put in to complete the estate process. Executor fees in Ohio are typically set by statute:
4% of the first $100,000 of personal property, income, and proceeds of real estate sold;
3% of the next $300,000;
2% of the balance;
1% of the value of real estate not sold; and 1% of all property that is not subject to probate administration and that is includable for purposes of computing the Ohio estate tax, except joint and survivorship property.
The fiduciary may waive the fee. Additional fees can be awarded for extraordinary services.
Does Ohio have an inheritance or estate tax?
Estate and inheritance taxes are taxes that are levied on people who either own property in the state where they died or inherit property from a resident of a state. Currently Ohio residents are not subject to this tax.
What is the process of settling an estate in Ohio?
A will and death certificate need to be filed in the Probate Court in the county where the decedent lived. If there is no will, the death certificate is filed with a bond and application to administer by a family member.
Standard forms for probate need to be filed. This begins the process of appointing an executor administrator.
The Court will then issue “Letters of Authority” to the executor administrator which gives the executor administrator legal authority to act on behalf of the estate.
Within 3 months of appointment of an executor administrator , an inventory of the estate’s assets must be filed.
Creditors have 6 months from the date of death to make a claim.
Once all of the creditors and taxes (if any) have been paid, a final account (typically) needs to be filed with the court.
Lastly, the Court will issue an order, distributing the estate’s property to the beneficiaries.
Legal fees are typically paid at the end of the administration.
Some smaller estates qualify for relief from administration, you would need to call an attorney to determine if your estate qualifies or go to probate court and talk to a clerk.
Still Have Questions? We're here to help.
Charles Bendig can help you get the peace of mind you’re looking for.
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