Estate Planning

 

Estate planning is a vital part of any legal representation today.  With the constant changes in probate and estate taxation the individual  cannot afford to merely trust the forms found on the internet or advice  from someone who wants to sell them insurance, annuities or create a  standard trust to "avoid probate". The first question the client should  ask when they receive unsolicited invitations to "estate planning"  seminars is Who is going to benefit? Generally the person selling the  so-called tax free annuities or some other means of avoiding probate is  looking out for their own interest and not the client's. Remember these  salesmen are receiving a significant commissions to convince you to  purchase their product. When you consult with a lawyer his primary goal  is to preserve your assets through the estate process and not merely  figure out how to sell you a product. You should select the attorney  that you feel comfortable with not someone who is selected by a "trust  mill" to help you.

The primary estate planning tools that I review with my  clients include their Will, any Powers of Attorney; their Living Will  and Power of Attorney for Health Care. For those who have a need, we  evaluate the possibility of a Trust either revocable or irrevocable and  occasionally there is a need to evaluate the possibility of a "special  needs" trust for those clients who have a special needs child.

In an estate, we must immediately assess if there is a need  to probate the Will, collect and preserve the assets and more  importantly, evaluate the estate for any estate tax consequences.  Frequently the client is under the misunderstanding of the Probate  Process will take years to complete, however in Ohio the estate process  is normally completed in 6 months to one year.


Living Wills & Power of Attorney for Health Care

Please provide the following information:

  • Your Name and Date of Birth
  • Name, address and phone no. of first person to make decisions for you
  • Name, address and phone no. of second person to make decisions for you
  • Name, address and phone no. of third person to make decisions for you
  • Whether no not you wish to be an organ donor

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