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estate planning Archives

Estate planning for small business simplifies the transition

Small business owners in Ohio would be well advised to take a look at the benefits of estate planning for transferring one's share or its value to their heirs at death. This will usually involve a mix of legal instruments drawn from both estate planning and business law agreements to make the transition easier and ultimately more lucrative for one's heirs. The complicated tax issues that may arise in this context are best determined and planned in consultation with an estate planning attorney and a tax expert or qualified financial planner.

Estate planning can minimize the specter of family conflicts

It takes some attention and common sense thinking for persons in Ohio or anywhere else to write up a will that will minimize the prospect of later family conflicts. The way things are written impacts on whether some family members may feel slighted or otherwise "left out" of the loop. Some phrasing or certain appointments may plant an idea with one or more family members that others are receiving special treatment. Good estate planning, in cooperation with an experienced estates attorney, will minimize greatly the chances of family dissension.

Estate planning for special needs child is done through a trust

The parents of a child with special needs will want to implement various safeguards and make certain plans for the child's maximum welfare. Seeing an estate planning attorney who is located in Ohio is an important first step in preparing the special needs plan. The parents will learn all of the information that they did not know, and they will become equipped to understand the importance and meaning of the legal instruments involved. 

Estate planning considers retirement funds and their distribution

In Ohio and all other jurisdictions, retirement funds do not usually go through one's probate estate after death. That is because such proceeds are nearly always distributed to specific beneficiaries designated on the retirement plan itself. It is possible to also list an alternate beneficiary to receive the retirement funds if the primary beneficiary predeceases the owner of the fund. The treatment of retirement funds in estate planning is important despite the fact that the funds do not usually pass through the decedent's estate.

What is the best estate planning way to exclude a relative?

The strong point of making a will in Ohio and elsewhere is that it gives to the maker the right to control the disposition of estate assets after his or her death. This is no small benefit when one considers that, without a will, the disposition of assets will go by state statute. Without estate planning and a will, one cannot be assured how these matters will be handled. It will not even be certain who will step forth to seek the authority to administer the estate for the intestate decedent.

Estate planning includes storing digital information online

The growing acceptance by most people in Ohio and nationwide of the benefits of the internet has resulted in their willingness to store even vital information, documents and financial accounts online. This trend brings up estate planning issues that require important evaluation and decision-making. There are now software programs that support this movement by assisting people in storing all digital assets in one place.

Estate planning may assure continuation of the family business

For the business owner in Ohio and elsewhere, decisions have to be made regarding the succession of the business and the distribution of its wealth after the owner's death. Although it seems at first blush controversial to say, it may be that one's children are not the best beneficiaries to take over the ongoing business. Where the children have had little or no interest in the enterprise, it may be more appropriate to set up estate planning measures that will give one's heirs the economic benefit of the business while transferring the business operation to a trusted key employee or associate who is well-suited to carry on the company's legacy.

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.

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