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Posts tagged "Estate Planning"

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.

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.

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