How To Value Items at Death

If you're named an executor of an estate, part of your job is to oversee the valuation of assets. So, what does that entail? Finding out how much the estate is worth and how that value is distributed will determine not only your approach to probate, but also the allocation of the assets among the heirs, and how much the estate will pay in taxes. In the case of larger estates, valuation can be a huge responsibility. It may even require you to bring in experts to value antiques and other collectibles.

One thing to note is to expect to be challenged whenever you value assets, by the IRS, by heirs, by creditors or by the court. Be sure you're valuing everything reasonably.

Certain types of assets are easy to value, such as the contents of a bank account or shares of stock in a publicly-traded company. To value stocks or precious metals, average the highest and lowest selling price for similar items on the date of the owner's death. For mutual funds, use the closing valuation.

Other assets, such as a used car or collectible, don't have such a definitive value. You estimate their value by using public references like collectible websites such as Worthpoint.com. When valuing real estate, you can check out the tax assessor's valuation and talk to a real estate agent about comparable properties in the area.

Go with the pros

Some assets are really difficult to value, like artwork or a private business. For assets like these, you should hire a professional appraiser. Keep in mind that appraisers typically charge between $125 and $400 an hour, and often with an extra charge for visiting the site. It’s a good rule to avoid appraisers who charge based on a percentage of the asset's value. This goes against the ethics of the Uniform Standards of Professional Appraisal Practice.

You should ask whether the appraiser has any certifications or memberships in professional organizations, and also ask them for a written estimate of the appraisal fee in advance. Among the items that can be listed as household contents are books, tools, and appliances, and you can ask for one overall valuation estimate for them. You may want to get an individual appraisal for any individual items that were specifically bequeathed in the will. The value of household items should be done based on what a buyer would pay for the items as-is.

Should the heirs decide to sell everything in an estate sale, use a reputable estate sale company. Since there are variations in quality and condition as well as changes in economic conditions and local demand, descriptions and values should be seen as general guidelines.

Lastly, a few keynotes as you proceed with the valuation,

  1. Be aware of the pitfalls. Heirs could be upset if a particular asset doesn't meet the value they expected.
  2. Document your work in case there are questions later, and work closely with legal and financial professionals as you move forward.

When you’re ready to begin the probate process, call Charles Bendig. With over 40 years of experience practicing law before all Ohio state and federal courts, you can rest easy knowing you’re in good hands. I’ll walk you through every step of the process together.

Divorce FAQs

If I Am Served Divorce Papers, Do I Have to Sign Them?

In many situations, no. Refusing to sign divorce papers generally does not prevent a divorce from moving forward. However, you must pay close attention to any deadlines for responding to the court. Ignoring divorce papers can result in a default judgment that may affect property division, child custody, child support, and other important issues.

What Happens If I Ignore Divorce Papers in Ohio?

If you fail to respond within the required deadline, the court may enter a default judgment. This means the divorce could proceed without your input, and the judge may grant many of the requests made by your spouse.

How Long Do I Have to Respond to Divorce Papers in Ohio?

In most cases, a response must be filed within 28 days after being served with the divorce complaint. Missing this deadline can significantly impact your legal rights.

Can a Divorce Proceed If One Spouse Refuses to Participate?

Yes. A divorce can often continue even if one spouse refuses to cooperate or participate in the process, provided the filing spouse properly follows court procedures.

Should I Hire a Lawyer After Being Served Divorce Papers?

While it is possible to respond without an attorney, speaking with an experienced divorce lawyer can help you understand your rights, evaluate the requests being made, and avoid mistakes that could affect your future.

Can I Contest What Is Written in the Divorce Papers?

Yes. Filing a response allows you to disagree with allegations or requests involving property division, child custody, child support, spousal support, and other issues raised in the divorce complaint.

What Should I Do Immediately After Being Served Divorce Papers?

Carefully read all documents, determine your response deadline, gather important financial records, and consider consulting an attorney as soon as possible. Taking prompt action helps protect your rights and interests.

Chuck Bendig, Esq

I'm Chuck Bendig,

"For 40+ years, I've served Ohio residents. My private practice spans family law, estate planning, and personal injury cases. My commitment is rooted in genuine care for the individuals I serve."

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