Ohio Probate and Estate Law

Estate planning means different things to different people.  Basically it is just making a plan before you die that names to whom you want your assets going after your death.  At its most basic this would include a will and possibly a trust.

But it is more than that.  It would include beneficiary designations on various assets and could include Medicaid planning, elder law issues and estate tax issues.  If you do nothing that could be your estate plan.  If you do not have a will or living trust your assets will pass to someone at your death.  The answer to the question of where your assets will transfer if you do not have a will has been answered for you by your state legislature.

Having politicians decide where your assets go at your death may not be what you have in mind. When you sit down and discuss an estate plan with an estate planning attorney, you will want to plan your affairs carefully. In addition to deciding the who, what and when your assets will transfer, you will want to make sure your affairs will be handled with the least amount paid in legal fees, taxes and administrative costs. Probate is the process where a probate court oversees the distribution of your probate assets to your heirs after your death.  An effective estate plan will try to avoid probate or at least minimize the probate process to the maximum extent possible. Your estate plan should also include a discussion of issues other than just your assets transferring at your death.  Things such as guardianships, name changes and probate litigation may be issues you may face for yourself or your loved ones.  Everyone’s estate plan should include a serious discussion about health care issues.  Financial powers of attorney, health care powers of attorney, living wills and Do Not Resuscitate orders deal with serious issues that everyone needs to address. Attorney Jeffrey Mackey has over 32 years of experience in dealing with these issues.