|
During
the last decade, Ohio’s
Probate laws and procedures
were overhauled to make
the Probate administration
of estates more palatable
to the public. The primary
changes were: (1) the
time allotted for the
full administration of
a Probate estate was reduced
from 9 months to 6 months
(except under certain
specified circumstances);
several of the steps in
that process were streamlined;
(2) Relief from Administration,
a shortened form of Probate
administration, was made
available to estates significantly
larger than ones previously
allowed to use that process;
and (3) Summary Relief
from Administration, another
shortened form of Probate
administration, was created
to handle the smallest
probate estates.
This firm is familiar
with all such changes
and regularly assists
estate representatives
with the administration
of Probate estates of
all values, sizes, and
complexities.
Efficient and
Economical Probate.
The firm uses every resource
at its disposal to make
the Probate administration
of an estate as efficient
and economical as possible.
All Probate forms are
prepared using state-of-the-art
software which automates
the insertion of repetitive
information throughout
the documents. A paralegal
who has been specially
trained in providing Probate
support services is used
to gather and organize
information and documents,
complete insurance and
retirement benefit forms,
and prepare regularly-used
Probate and tax forms,
under Mr. Bergmann's supervision.
All routine Probate documents
are filed at Probate Court
or other government office
by a courier specially
trained by this firm to
handle those duties. Clients
are permitted to assist
the firm with the non-legal
aspects of the Probate
work (e.g., gathering
documents, maintaining
the estate checking account,
and the like), if they
chose to do so. Any savings
which the firm obtains
through the use of these
resources are passed to
the client and, though
him or her, to the estate.
Fee Estimate Provided;
Reasonable Fees.
Mr. Bergmann provides
all of the firm’s
Probate clients with a
good faith fee estimate
before they engage the
firm so that they can
make an informed decision
about hiring this firm.
The legal fees charged
by this firm for Probate
assistance are significantly
less than fees charged
by many law firms due
to the fee arrangement
which this firm offers
to its clients. Many firms
charge their clients a
percentage of the Probate
and non-Probate assets,
using certain Probate
Court guidelines. According
to those guidelines, the
initially-calculated,
percentage-based fees
are supposed to be adjusted
by several factors, including
the size and complexity
of the estate, the amount
of time involved in completing
the probate work, and
the extent to which the
attorney had to refuse
other work to handle the
Probate estate. Unfortunately,
many firms using the percentage
approach appear to skip
that analysis and ultimately
charge the client legal
fees which are the same
as or very near to the
initially-calculated,
percentage-based fees.
In contrast, Mr. Bergmann
ordinarily charges his
clients the lesser of
(1) the fees calculated
using the proper adjusted
percentage approach or
(2) the fees calculated
by multiplying the time
expended by Mr. Bergmann
and his staff by their
respective hourly rates.
Using this approach, Mr.
Bergmann has found that
his firm has frequently
been able to save his
clients thousands of dollars
on estates requiring full
administration, as compared
to what they would have
been charged by firms
using an unadjusted percentage-based
approach.
Trust Support.
Many people have used
a Living Trust to avoid
the Probate administration
of their estates, minimize
or eliminate the estate
tax liability of their
estates, and/or meet their
other estate planning
objectives. While their
use of a Living Trust
will likely accomplish
those goals (if properly
drafted and funded), there
are still be many tasks
which will remain to be
done on their deaths,
including, but not limited
to: paying the decedent’s
last debts, obtaining
a Taxpayer Identification
Number for his/her now-irrevocable
Trust, determining the
value of trust estate
assets, allocating trust
estate properties and
income according to the
Trust provisions, and
making appropriate and
timely distributions.
This firm can provide
the Trustee or Successor
Trustee with the advice
and assistance necessary
to complete those tasks.
For such Trust-related
services, the firm charges
an hourly rate for the
time it expends in those
regards.
Sensitive to
Family Needs.
Finally, Mr. Bergmann
and his staff are sensitive
to the loss which the
decedent’s family
has suffered and try to
be as responsive as possible
to their questions, concerns,
and needs.
This firm would welcome
the opportunity to assist
any new or existing client
with the administration
of his or her loved one's
Probate estate or Trust
affairs.
|