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.




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©2007 Michael J. Bergmann, LLC