Administering a person’s estate, is a responsibility that should be approached with caution. The attorneys at The DiCello Law Firm Probate Division, a department of The DiCello Law Firm, have the knowledge and expertise to help you with even the most complex estate administrations.
DiCello Law Firm discussing Probate Administration
Download our Legal Guide for Survivors.pdf for additional information developed to help you understand the process.
We understand the emotions and complications that can arise and our goal is to help you efficiently complete the administration process during this difficult period. Call the experts at the Probate Division of The DiCello Law Firm at 440.530.3605, or fill out the form for assistance today.
Who Guarantees A Person’s Wishes Are Followed?
The most commonly used names for a person who is responsible for carrying out another person’s wishes are known as:
During a person's lifetime, he or she may designate a person to act on his or her behalf in a Power of Attorney document. The designation identifies the "Attorney-in-Fact," a.k.a. "Power of Attorney, who is authorized to handle your business, personal and financial affairs, if you cannot, during your life. This has no effect on who is to administer the person's estate. This designation is separate from naming a personal representative for your estate. This is because a Power of Attorney is only effective during the maker's lifetime.
A Trustee derives his or her authority an appointment in a trust. The appointement is created either during the trustor’s lifetime (living trust) or the appointment is made following the death of the trustor (testamentary trust). Further, a trustee may only act within his or her authority as to the management and administration of the trust. The trustee's authority is often defined in a provision of the trust known as the "Trustee Powers."
Finally, the Administrator or Executor is the person who administers a deceased person’s estate. The estate distribution is controlled by either Ohio law or the Last Will and Testament of the deceased.
In either case, the administration is conducted under the supervision of the local probate court.
It is important to understand that an Attorney-in-Fact, a trustee, administrator, or executor is considered the personal representative of the person’s estate.
Is It Difficult To Be An Attorney-in-Fact, Trustee, Executor or Administrator?
The nature of administering an estate can be complex or simple. There are many reporting and accounting requirements which can be easily overlooked or are confusing in nature. With the help of The DiCello Law Firm Probate Division, being an Attorney-in-Fact, Trustee, Executor or Administrator can be made easy.
The DiCello Law Firm Probate Division Can Help
The dedicated probate attorneys have the knowledge, resources, and skills to help you simplify the administration of any estate. Call us today at 440.530.3605 or 888.778.8880 to discuss how we can help you with your estate or trust administration needs.