Wills, Probate & Estate Planning

Protect your assets and leave more money for your family.

What is the probate process and why it is necessary? 

When an Ohio resident dies owning probate property in the state, a legal proceeding to determine the deceased's assets, their value, and the method of distribution to heirs is provided for by law. This proceeding is called probate, and it occurs whether the person dies with or without a Will. Probate takes place in the Probate Court of the county where the deceased property owner resided. If the decedent also owned property in another state, additional proceedings may be necessary in that state. Probate property is all property that is not covered by any survivorship title or contract providing for a succession on the death of the owner. Probate is necessary to protect the assets of the decedent for the heirs, creditors and other persons due money from the estate, and to insure the collection of money due to the estate. Probate provides for the payment of outstanding debts and taxes and the expenses of administration and distribution of the remainder of the estate to the heirs.

What does probate involve and how long it take?

Probating an estate requires the appointment of a person to conduct the administration of the estate. If there is a Will, this person is usually named in the Will and is called an executor. If there is no Will, this person is appointed by the Probate Court and is called an administrator. The executor or administrator may be an individual, a bank or a trust company. The executor or administrator takes care of the following tasks:

The Probate Court Judge supervises the work of the executor or administrator: 

These actions require the preparation and filing of numerous legal documents, the publication of notices, hearings in court, an appraisal of the assets of the estate, an inventory of the assets, completion of final income tax returns and possibly gift and estate tax returns, an accounting of funds, final transfer of all assets to beneficiaries, termination of the probate proceeding, and discharge of the executor or administrator by the Probate Court. Because of the complexity of these procedures, the assistance of an attorney usually is needed.

If the total value of all property in the decedent's individual name is less than $35,000, the estate can be relieved from most of these administrative requirements. If the spouse if the sole taker, this amount is increased to $85,000. In most estates, an Ohio Estate Tax return must be prepared and filed, and if the decedent also owned a substantial amount of life insurance or held a substantial amount of life insurance or held a substantial amount of property jointly with other persons, A Federal Estate tax return may have to be filed.

Do I Need a Will? 

A properly drawn Will assures you that upon your death your property Will be distributed as you intended. It is important that you review your Will periodically with your attorney in order to keep it up to date.

Wills must be filed in the Probate Court upon death. The law provides severe penalties for the withholding or destruction of a Will.

If you do not make a Will, your property will be distributed according to the Ohio Statute of Descent and Distribution.

What is a Living Trust and what is its purpose?

A "living trust" is a trust which is funded with assets and which can be amended and revoked by the person creating the trust. The person creating the trust, often called the "settlor" or the "grantor," typically retains all the benefits to the property placed into the trust. The grantor can also be the trustee in Ohio, although the grantor's spouse or a trust company also often serves as trustee. The terms of a "living trust" are established in a written agreement signed by the grantor and the trustee. A "living trust" can be funded with bank accounts, stocks and bonds, a home and other assets. The terms of the "living trust" should provide for the disposition of the property in the trust both during the life and following the death of the grantor. A "living trust" may have many purposes. A common goal is to avoid "probate." Assets within a "living trust" will generally not be subject to the jurisdiction of the probate court, either while the grantor is living or following the grantor's death. Assets owned in individual name and not contractually payable on death will generally be subject to probate.

What is a Living Will Declaration?

A living Will is a binding legal document you can complete now which declares what your wishes are regarding the use of life-sustaining treatment, if you should become terminally ill or permanently unconscious.

A Living Will:

What is A Durable Power of Attorney for Health Care?

A Durable Power of Attorney for Health Care is a legal document which authorizes another person to make health care decisions for you if you lose the capacity to make informed health care decisions for yourself.

A Durable Power of Attorney for Health Care:

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