Frequently Asked Questions

Probate is the process one must go through when an individual passes away with assets that are titled in their name alone. In order to transfer those assets to their heirs, pursuant to the terms of their Last Will and Testament, documentation must be submitted to probate court for the executor to have authority to transfer those assets.

Even though the Will names you as executor, you still need authority from the local probate court judge, in order to fulfill your duties as executor.

No, if you are a joint owner on an account with another individual, those proceeds belong to you.  They are considered to be a non-probate asset and the proceeds do not pass under the decedent’s Will to the beneficiaries named in the Will.

This scenario unfortunately occurs quite often.  In most cases, you will need to apply to become the guardian of the parent if the parent is determined to be incompetent by  a medical doctor.  Otherwise, you may need to seek court action in the local probate court.  This can be quite expensive, but the attorneys at Kryszak & Associates can help you through the process as efficiently as possible.

Yes, the guardianship laws have changed recently, and all guardians need to attend classes to become qualified to be a guardian.

Ohio Estate Tax was repealed in 2013, and federal estate tax only applies to estates greater than five million dollars.  So, if the estate is less than five million dollars and you are an Ohio resident, there are no estate taxes. If you are a beneficiary in another state, you will want to check your tax laws.

A healthcare power of attorney is very important because it allows you to name people that you trust to make medical decisions on your behalf, if you are not able to do so.

A Power of Attorney is important to have because it allows the person you have named the ability to handle financial matters for you if you are unable to do so.  By having this document in place, you avoid the need for a guardianship, which can be quite costly. Guardianships need to be applied for in situations where people do not have either a healthcare or financial power of attorney.

Often times, for young families, the attorneys at Kryszak & Associates will prepare a Will with Testamentary Trust, which allows you to state that you would like to have money held for minor children in trust until those children reach certain ages.

Non-probate assets include accounts and titled assets that are held joint with rights of survivorship or as payable on death to a beneficiary or beneficiaries.  It may seem like a good idea to avoid probate and have beneficiaries named on all of your titled assets, but sometimes it makes things more difficult and complicated. The attorneys at Kryszak & Associates can help you determine if doing this is a good idea or not. Sometimes certain circumstances make it is worth the time, effort and cost of probating an estate.

A quit- claim deed is simply a deed that is prepared to transfer an interest in real property, without any warranty covenants. We can help prepare this deed for you if you need it.

It may be because there is still a lien on the vehicle.  All liens on vehicles need to be released before the title office will issue a Certificate of Title.

It would be important for you to consult one of the attorneys at Kryszak & Associates to help you in this situation. If a copy of the signed Will can be found, it may be possible to ask the Court for authority to probate the copy of the Will.

In the Living Will, you state the people you would want contacted if something happened to you medically, and you state your wishes about whether you want to receive artificial hydration and nutrition if you are determined by two or more doctors to be permanently unconscious. In the Healthcare Power of Attorney, you name the individuals you wish to make medical decisions for you if you are unable to do so. You can also give authority to your agents to carry out your wishes about receiving artificial hydration and nutrition.

The state court system is made up of three levels – the trial court (sometimes referred to as the lower court), the Court of Appeals, and the Supreme Court of Ohio. An individual’s first contact with the court system is usually with the trial court. If those proceedings result in an unfavorable decision, you have the right to file an appeal of that decision with the Court of Appeals of Ohio covering your jurisdictional area. If you are unsuccessful at the Court of Appeals level, you can petition the Supreme Court of Ohio to hear your case. Federal courts also have a similar 3-tiered system.

It is critical once an unfavorable decision is made that disposes of your case that you consider as soon as possible whether you want to file an appeal. In most cases, you must file documents to initiate an appeal within 30 days after final judgment is rendered in your case. The 30-day timeline is strict and an experienced appellate attorney will be able to identify the exact date that the clock begins to tick on pursuing your appellate rights. Additionally, sometimes in civil cases, you must take certain actions to preserve your appellate arguments before the 30 day period expires. If you think you may want to appeal, it is best to contact an appellate attorney as soon as you have received the unfavorable decision.

Appeals have different procedural rules than trials and often require a different skill set. While some trial attorneys do have appellate experience, others do not and risk falling prey to some common appellate pitfalls. One of those pitfalls is failing to ensure that the appellate record is complete, as an argument cannot be made to the Court of Appeals that is based on a matter not contained in the Record. This analysis must be made early on in the appeal. At Kryszak & Associates, Co., LPA, we are able to handle appeals on our own, but are also happy to co-counsel with other attorneys who may want an experienced appellate attorney on their team for a particular case.