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December 2016 Archives

New estate laws in Ohio

Next year, there will be some changes to Ohio's transfer-on-death affidavits and deeds for real estate. Under the old law, there was always a chance that someone could overlook this after a divorce and property could transfer inadvertently to their former spouse.

Types of Probate Disputes

When a loved one passes, you have enough stress without having a probate dispute crop up on you. However, in some cases, even when your loved one has the proper estate documents drafted, including a will and trust, a relative or friend of the decedent may contest the will. You may also be on the other side of the coin - you may be the one contesting a will because of forged signatures, because you think the person may have been incapacitated when he or she signed it, the will or trust wasn't properly executed, or you believe the person signed the will under undue influence.

Estate planning: planning is the real gift

One concern of many estate plans is wealth preservation and transfer. Often, parents want to see the fruits of their lifetime's labor benefit their children and grandchildren. A comprehensive estate plan can help in this goal, both by helping to develop a clear strategy for preserving and protecting that wealth while the parents are still living and efficiently transferring those assets to the children when the time comes.

Capacity is important for estate planning

One issue of importance to anyone with property and who is drafting estate planning documents, such as setting up a trust or a will, is the question of capacity. In Ohio, legal capacity means the ability to fully understand what is entailed by those tasks. Many difficult situations can arise when an individual draws up a will or trust at a time when there may be questions of their capacity.

Is It Worth Your While to Challenge a Will?

For many people who have had relatives pass away with either complex wills, or no will at all, don't like the sound of the word "probate." They may associate it as a state of deadlock that puts their ability to inherit from their loved ones on hold while they wrestle with the court system. When proper estate plans are made by a person of sound mind, and a valid will and/or living trust is left behind, the probate process actually goes fairly smoothly most of the time. But there are instances when things just don't seem to be right, and in these cases challenging a will may be the right course of action, even if it proves to be inconvenient for others. Here are some situations where contesting may be appropriate.

  • Ohio State Bar Association | Connect.Advance.Succeed
  • Federal Bar Association | ORG Jan 5th 1920
  • Dayton Bar Association 1883
  • Super Lawyers
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