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estate planning Archives

Estate planning myths are contradicted by factual knowledge

The best way to do estate planning in Ohio is with the guidance of an experienced estate planning attorney. The process is complicated, may involve tax considerations and provides various choices that can best be made in consultation with a professional. Surprisingly, over half of all Americans don't have even a will. That may be because people believe some of the common urban myths about estate planning. In reality, however, it is a highly beneficial process that can preserve one's assets and distribute them at death as desired.

Estate planning can prevent some but not all family conflicts

Ohio probate courts each year host numerous legal conflicts about whether the maker of a will or trust was competent when executing the legal instrument, or in the case of a living trust was competent throughout its revisions and administration. A will or trust can be struck down if the maker is proved to have been mentally incompetent or swayed by undue influence in the making of the will or trust. The preparation of estate planning documents facilitates fewer conflicts among heirs. However, in some cases where competency is hotly contested by battling family members, litigation may be the only avenue to resolution.

Estate planning goes beyond having only a simple will

Many people in Ohio have a will prepared but have not taken the additional steps of establishing an estate plan. A simple will may be inadequate to cover all of the issues that may arise in the future. Accordingly, estate experts suggest that the individual or married couple meet with an estate planning attorney to discuss the features and prospects for an estate plan.

Estate planning can avoid conflicts over the family home

Many Americans in Ohio and throughout the country believe that they don't have enough assets to necessitate estate planning. However, where an individual or married couple have a home, particularly one with a low or paid-off mortgage balance, potential complications make it important enough to go over with an estate planning attorney to assure that there will be no problems in the future. One way to cultivate dissension among heirs is to ignore the house as an important reason to make an estate plan.

Estate planning is necessary for both large and small estates

Estate planning in Ohio involves the process of preparing a strategy, and the legal framework to support it, for the management and disposal of a person's assets both during life and after death. In that process, planning attempts to maximize the value of the assets and minimize the impact of applicable taxes and fees. Those with small financial holdings are just as needful of estate planning as are those with a large body of assets.

Americans without estate planning risk unwanted outcomes

Surveys consistently show that a majority of Americans, including in Ohio, do not have in place sufficient legal measures to take care of all eventualities in the case of incapacitation or death. Elderly persons over 65 are also vulnerable to elder law fraud and abuse at the hands of unscrupulous third parties. There are now platforms and programs that are designed to create a storage place online for one's estate planning and other important documents.

Failure of proper estate planning can lead to costly mistakes

Ohio and other states have over 50 percent of their adult residents without wills or living trusts. When a person dies intestate, i.e., without a will, it can be a major mistake and a serious burden on the deceased person's heirs. Without all necessary mechanisms being put in place by good estate planning, family members may incur significant expenses in setting up all the processes necessary to finalize the estate and distribute the assets.

Estate planning can also provide for pet care after death

Making an estate plan that covers one's pets in Ohio is best accomplished through the guidance of an experienced estate planning attorney. The special circumstances of a pet bequest make it not allowed for inclusion in a will in some states. The estate planning solution of choice may be to create a revocable living trust and fund the pet's trust while the owner is still alive. This will assure funding, greater attention to the matter and likely a greater opportunity to discuss and prepare the terms in cooperation with the beneficiary.

Start the estate planning process with some basic preparations

Estate planning in Ohio is an important task for every person, especially if they want to make it easier on their heirs after their death. The following is a list of things to do to get ready for the important meeting with an estate planning attorney to get the process started. Once one gets that first meeting accomplished, everything will go smoothly thereafter because one's legal needs will be satisfied by an experienced professional.

Health care documents are important to estate planning process

Estate planning in Ohio includes preparation of legal instruments that establish certain preferences that persons have regarding future health care treatments. Two common health care directives are the living will and the health care power of attorney, which may be called by different names in different states. Most people do not usually know the difference between the two, and it is something that the estate planning attorney will take great care to explain to the client.

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