Legacy Law Firm, LLC Legacy Law Firm, LLC2026-05-01T13:35:57Zhttps://www.legacylawyerohio.com/feed/atom/WordPress/wp-content/uploads/sites/1304133/2022/06/cropped-legacy-site-icon-32x32.pngOn Behalf of Legacy Law Firm, LLC<![CDATA[5 things to know about Ohio probate]]>https://www.legacylawyerohio.com/?p=469592025-08-11T18:38:23Z2025-08-11T18:38:23ZProbate might sound like a complicated legal term, but understanding it is key to planning your future and protecting your family. Knowing the basics helps you make smart choices about your estate and legacy.
1. What exactly is probate?
Probate is the official process of validating a will and distributing a deceased person's assets. It's how the court ensures that debts and taxes are paid, and that what's left goes to the right people, according to the will.
2. The probate process at a glance
When someone dies in Ohio, their estate often goes through probate. Here's what typically happens:
The filer submits the will to the probate court.
The court appoints an executor or administrator.
The executor inventories the estate's assets.
The executor pays debts and taxes.
The executor distributes remaining assets to beneficiaries.
Probate can seem overwhelming, but breaking it down into steps makes it easier to understand.
3. When is probate necessary?
Not all assets need to go through probate. You'll likely need probate if:
Assets are solely in the deceased's name
There are no designated beneficiaries on accounts
Real estate is owned only by the deceased
However, some assets can skip probate. These include jointly owned property, accounts with named beneficiaries and assets in a living trust.
4. How long does probate take in Ohio?
The timeline for probate in Ohio can vary. It usually depends on how complex the estate is and whether there are any disputes. Simple estates might be settled in a few months, while more complicated ones can take a year or more.
5. Can you avoid or simplify probate?
Ohio offers simplified probate for smaller estates to save time and money. One option is the Affidavit process for estates under $35,000 (this limit is subject to change), available when a surviving spouse inherits all assets, or under $5,000 for other heirs. Ohio also provides a summary release from administration for estates under $35,000 (again, this limit is subject to change) or under $100,000 if the spouse is the sole heir. These procedures streamline asset transfer and reduce probate burdens.You can also utilize estate planning strategies to avoid probate, such as establishing trusts and owning property jointly.Legal guidance is invaluable in navigating probate. It helps resolve disputes, manage complex assets and address potential tax issues. Whether you're a testator, executor orbeneficiary, getting legal advice makes it easier to navigate probate efficiently and according to the law.]]>On Behalf of Legacy Law Firm, LLC<![CDATA[What happens in Ohio if you pass away without a plan?]]>https://www.legacylawyerohio.com/?p=469322025-05-12T20:19:36Z2025-05-12T20:19:36ZIf you do not have an estate plan, the law defines who receives your assets
When someone does not have an estate plan, Ohio's intestate succession laws determine what happens to their assets after they pass away. Here is a general overview of how this works:
If you have a spouse and children: With a surviving spouse and children, the distribution depends on whether the children are also the spouse's children. If all the children are with the surviving spouse, the spouse gets everything. If some children are from another relationship, the spouse gets the first $50,000 and half of what is left. The kids share the rest equally.
If you have no children but have a surviving spouse: If there are no children but a surviving spouse, the spouse inherits everything.
If you have children but no surviving spouse: If someone is unmarried or widowed when they pass away, the children inherit everything. Each child will receive an equal share.
If you do not have a spouse or children: Without a spouse and children, the estate will go to other relatives. This starts with parents, then siblings and further extended family if necessary.
If you do not have living relatives: If there are no living relatives, the state will claim your possessions.
This means the law decides who gets your things, not you. As a result, the distribution may not reflect your personal relationships or intentions.
The law decides what your loved ones inherit
Ohio's laws also determine what your family inherits. This is usually based on monetary value, not personal importance, which can lead to unintended consequences and conflicts. Sentimental items or assets that you wanted to give to specific people may not end up with the person you wanted.
If you have children, the court makes decisions about who cares for them
Parents who fail to create an estate plan have another challenge to consider. Without naming a guardian, the court chooses who looks after your children. The court tries to pick what is best for the kids. However, they may choose someone you would not have chosen. The court’s choice may also lead to conflict within your family.
The probate process may be more challenging
Without an estate plan, the probate process can become long and costly. The court's involvement in asset distribution and guardianship decisions may require additional legal fees and result in delays. This can add stress to grieving family members and reduce the value of what you leave behind.
You can avoid these challenges by creating an estate plan
Making an estate plan ensures that your belongings go where you want and your loved ones have support. Without it, Ohio law makes those decisions for you. This makes it important for people at any stage of life to create a plan.]]>On Behalf of Legacy Law Firm, LLC<![CDATA[What people can’t do with a will]]>https://www.legacylawyerohio.com/?p=468502025-03-02T00:19:57Z2025-03-02T00:19:57ZWills cannot disinherit spouses
Many people who take the time to establish a will do so because they have specific plans for their legacies. They want to leave property to charitable causes or specific family members.
On the other hand, they may want to limit what certain people inherit. People who might be heirs if an individual dies without a will are only beneficiaries if a testator chooses to include them in a will. People can disinherit their children or grandchildren using a will.
Testators typically cannot disinherit their spouses using wills. Spouses generally have a statutory right of inheritance. They can ask the courts to grant them an elective share of the estate if the deceased party attempted to disinherit their spouse entirely or left them less than the elective share allowed under the law.
Wills are not the place for funeral instructions
Other common issues with wills include leaving assets for animals, including illegal instructions or trying to bequeath property jointly owned with another person. Another common mistake people make during estate planning is to provide funeral, burial or cremation instructions in their wills. They want to ensure that their family members see their instructions after they die.
What they fail to consider is that many people do not actually review wills until after the memorial service for the deceased individual. Any instructions that they provide may end up ineffective because people do not read them until after the funeral occurs.
There are other legal documents that can help families address the decedent's remains appropriately. Depending on the unique wishes of the testator establishing the will, there may be ways for them to guide their loved ones, control their legacy or plan their funeral service effectively with other documents.
Discussing personal wishes with someone familiar with probate and estate planning law can help people achieve their goals while minimizing challenges. Those who know what they cannot do with a will can utilize these powerful legal instruments appropriately.]]>On Behalf of Legacy Law Firm, LLC<![CDATA[3 positions of authority to fill carefully when estate planning]]>https://www.legacylawyerohio.com/?p=468432024-12-11T00:16:46Z2024-12-11T00:16:46ZEstate planning can be an uncomfortable process for many people. They have to think about what might happen after they die or if they experience a major medical emergency. Quite a few people take some of the sting out of the process by focusing on the positive.
They think about how their beneficiaries might enjoy using their inheritance and try to prioritize leaving meaningful and valuable resources for the people they love. While that approach can be useful, testators also have to make some very difficult decisions. Specifically, they have to choose who to nominate to hold important positions of trust in their estate planning documents. Many testators have to fill at least two, if not all three, of the roles outlined below when they establish an estate plan.
1. A personal representative or executor
The most important role during estate administration is that of the executor or personal representative. The person selected for that position oversees the entirety of the probate process. They have to attend probate court hearings and manage estate administration. Representatives have to be trustworthy and diligent. They also need to have the time and capability to navigate probate court and manage estate resources.
2. A guardian for minor children
For many people, concerns about becoming a parent are what motivate them to draft an estate plan. They want to ensure their children's safety and comfort should anything happen to them while their children are young. A guardian fills the same role that a parent does. They have a responsibility to the children and can offer them support in addition to meeting their practical needs. Selecting the right person to act as a guardian is an important step for a parent who wants to protect their children from foster care or placement with a random family member who may live far away or have a strained relationship with them.
3. An agent or attorney-in-fact
Estate plans typically address more than just what happens when someone dies. They also include documents that protect the testator when their health declines. If they have a stroke or end up in a coma after a car crash, powers of attorney can protect them. They need to choose someone competent and trustworthy to act as their agent or attorney-in-fact for financial and/or medical matters. Some people separate the authority by naming two different people to help them in an emergency scenario. Choosing the right people to hold positions of authority is an important element of successful estate planning. Testators typically need help drafting appropriate documents and reviewing their choices so that they have support when they need it the most.]]>On Behalf of Legacy Law Firm, LLC<![CDATA[What happens to debts during probate proceedings?]]>https://www.legacylawyerohio.com/?p=468402024-09-08T13:45:22Z2024-09-08T13:45:22ZRepresentatives have to handle outstanding debts
The personal representative or executor of an Ohio estate usually doesn't have direct liability for the debts owed by the deceased. Unless they co-signed the initial loan, the debt becomes the obligation of the estate itself, not the person administering the estate.
However, mistakes during the probate process could lead to personal liability. It is therefore very important for personal representatives to follow the right procedure when communicating with creditors and distributing assets. They typically need to pay valid debts after creditors make claims in probate court. They settle debts before they distribute any property to the beneficiaries of the estate.
What if debts exceed the value of the estate?
It is somewhat common for a personal representative to discover that the debts owed by an estate are worth more than the estate itself. In such circumstances, they may need help evaluating the debts to make sure that they handle them in the right order.
Certain debts, like probate court costs and end-of-life medical care expenses, take priority over other debts, like credit card balance. The personal representative may need to sell off the valuable property of the decedents to pay as much of their debt as possible.
In cases where the debts owed are higher in value than the entirety of the estate's assets, the beneficiaries of the estate may not inherit anything. If the personal representative makes mistakes by distributing assets improperly, they may then have a degree of personal liability for the debts they didn't resolve.
Properly handling debts is an important component of estate administration. Personal representatives and beneficiaries who understand what happens with debt-related claims are less likely to make mistakes or have unrealistic expectations that can complicate the probate process.]]>On Behalf of Legacy Law Firm, LLC<![CDATA[Have you named your grandchildren as beneficiaries?]]>https://www.legacylawyerohio.com/?p=468272024-06-04T11:48:00Z2024-06-04T11:48:00Zinclude your grandchildren as beneficiaries in your estate. Therefore, if you’re reading this and you’re considering leaving a legacy for your grandchildren, this might be the perfect time to update your estate plan.
The importance of a current estate plan
It’s quite easy to forget that an estate plan is a living entity that should be revisited and adjusted from time to time. Whether you’ve been a grandparent to many or you’ve recently received your first grandchild, you can agree that this is a valid reason to revisit this living document.
By allowing your estate documents to evolve alongside the changes within your family, you can help ensure it’s a true reflection of your purest wishes. Continuing with an outdated estate plan may lead to your grandchildren being excluded from receiving any inheritance. You wouldn’t want this to be the case, especially if you’ve established strong bonds with each one of them.
Benefits of making your grandchildren beneficiaries
The greatest incentive to leave an inheritance for your grandchildren is to supplement the financial reserve their parents have already established for them. Few things are as fulfilling as taking care of two generations with wealth that you worked tooth and nail to accumulate. Besides, when you leave a legacy that can go on for multiple generations, you make your family proud to be associated with your name.
You can work with a reliable legal representative who can strategically plan your estate so that future generations can enjoy tax benefits. For example, a seasoned legal representative can help you set up trusts for your grandchildren that minimize estate taxes and potentially lower the tax burden for future generations. Trusts can also provide income for your grandchildren while protecting the principal amount from mismanagement or creditors.
Incorporating your grandchildren into your estate plan is a meaningful way to contribute to their future and uphold your legacy. Updating your estate plan sooner rather than later can help to better ensure that your wishes are honored and future generations are provided for in the ways you intend.]]>On Behalf of Legacy Law Firm, LLC<![CDATA[Addressing your parents’ estate before they need eldercare]]>https://www.legacylawyerohio.com/?p=468242024-03-12T19:49:11Z2024-03-12T19:49:11Zproactively tackling it may offer significant benefits for both your parents and yourself. Understanding why getting your parents’ estate in order before eldercare transitions is essential to making informed decisions for your loved one’s golden years.
Why estate planning matters for eldercare
Planning your parents’ estate streamlines the eldercare journey in several ways. The most relatable advantage is how finalizing estate planning reduces stress for you and your parents. When faced with a sudden health decline, scrambling to manage finances and assets adds tremendous stress. Having an organized estate plan can minimize confusion and emotional burden for you and your family.
Additionally, a clear estate plan can allow your parents to determine who manages their finances and healthcare decisions if they become incapacitated. This empowers them to maintain control over their future. It’s also crucial to remember that eldercare can be expensive. Knowing your parents’ financial situation and potential benefits can help your family navigate costs and secure the best care options.
Taking action
When initiating a conversation about estate planning with your parents, try to ensure you choose a calm and private setting. Emphasize how this planning helps ensure their future well-being and may ease the burden later in life.
Once they’re on board with finalizing their estate plans, work with your parents to create an inventory of their assets (property, investments, accounts) and liabilities (debts, loans). This way, you can encourage your parents to create (or update) a will, which outlines beneficiaries for their assets.
Two of the most crucial documents you shouldn’t forget about are a durable power of attorney for finances, which authorizes someone to manage your parents’ finances if needed, and a healthcare power of attorney, which gives someone the legal authority to make healthcare decisions on their behalf.
By seeking legal guidance to help address your parents’ estate before eldercare transitions, you can help ensure a smoother path for everyone involved. It’s a thoughtful gesture that can help you to honor their wishes, protect their legacy and allow you to focus on their well-being during their golden years.]]>On Behalf of Legacy Law Firm, LLC<![CDATA[How to take pressure off of loved ones by planning for death]]>https://www.legacylawyerohio.com/?p=468232023-12-15T03:37:12Z2023-12-15T03:37:12ZAddress obligations and assets
Disagreements about what should happen to someone's property are one of the leading causes of probate litigation and family conflict after someone dies. Someone who puts together a will can provide clear instructions for their family members about the distribution of their property after they die. A trust can also help govern the descent of resources after someone's passing.
From ensuring that there are adequate resources to cover personal debts to describing what should happen to specific assets, the terms set in an estate plan can reduce the conflict that arises during probate proceedings and eliminate confusion about who should receive what property. People should seek to address all of their major assets, as well as their financial obligations, in their estate plans.
Talk about medical wishes and funeral plans
A solid estate plan typically includes instructions for someone's burial or cremation and any memorial service that the family may hold. People may even prepay for those services in some cases. Additionally, people may want to draft living documents that explore what should happen if they become incapacitated. Leaving instructions about healthcare preferences to ensure comfort in one's final days and empowering others to manage certain personal matters can take the pressure off of loved ones as someone approaches the end of their life.
The more effort someone puts into considering what happens after they die, the less likely their loved ones are to struggle unnecessarily with the details or fight with one another over their deceased loved one’s affairs. Taking the time to create an estate plan and updating it as life changes can benefit both the person creating these documents and the people who love them.]]>On Behalf of Legacy Law Firm, LLC<![CDATA[How to talk to your Mom and Dad about estate planning]]>https://www.legacylawyerohio.com/?p=468222023-09-13T08:00:37Z2023-09-13T08:00:37Zapproach the topic with sensitivity and respect.
Choose your time and place carefully
This isn’t a topic to bring up on the fly – and you definitely don’t want to broach the subject at Sunday brunch or during the holidays. Pick a time when you can have a quiet, relaxed conversation that won’t be rushed.
Get your siblings involved
If you have siblings, make sure that they’re included (or at least invited to participate) in the conversation. That can negate any suspicion that you’re trying to angle for a bigger inheritance and eliminate some conflicts in the future.
Approach the issue with love
Let your parents know that you’re not asking about your inheritance. Instead, you want the focus to be on their wishes and the legacy they want to leave behind. Let them know that you’re simply willing to take a supportive role, whatever their plans.
Find out what’s done and what needs to be done
Your parents may already have quietly gotten some of their estate plans together, but you may still need to know things like:
Who have they chosen as their executor?
Do they have powers of attorney in place in case they’re incapacitated?
Do they have living wills or do not resuscitate orders?
What burial, cremation or funeral plans do they have?
Where are the documents they have located?
Since it’s not unusual for spouses to name each other as executors or as their powers of attorney, make sure that your parents have backup plans – just in case they’re involved in a common accident or they both rapidly decline together.
Finally, be prepared to table the subject for another time after you initially bring it up, especially if your parents haven’t taken any steps yet to finalize their plans. You may want to offer to set up a legal consultation on their behalf so that they can benefit from some personalized guidance. That can give them time to think and a chance to explore their options.]]>On Behalf of Legacy Law Firm, LLC<![CDATA[The importance of creating a trust]]>https://www.legacylawyerohio.com/?p=468112023-06-05T18:37:07Z2023-06-05T18:37:07ZWhat are trusts?
Trusts are legal entities that hold assets for one or more beneficiaries. The person who creates and places the assets in the trust is called the grantor. The benefits of creating a trust include:
Avoiding the process of probate
Protecting assets from lawsuits and creditors
In some cases, reducing some types of taxes.
While people may think that creating a trust is unnecessary, the fact that it allows you to avoid probate is enough of a reason to create one.
Why skip probate?
Probate is the court’s process of managing assets after a person’s death. In this process, the court decides the validity of the will and oversees the distribution of the person’s assets. Probate is often a lengthy and expensive process. If a person created a trust before their death, they avoid the process of probate and beneficiaries receive their assets much faster than through probate.
Privacy of trusts
Trusts are a private estate planning tool, which means that the distribution of assets and even the names of the beneficiaries are all confidential information and not subject to public records. Wills are subject to public record because someone must file the will with the probate court for the probate process to begin.
Trusts are an excellent estate planning tool for anyone who wants to avoid the process of probate, protect their assets from lawsuits or creditors and have a private process of distribution of assets to the beneficiaries of their choice.
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