Estate Planning Attorneys in Columbus, OH

Estate planning is the process of arranging for the disposal and management of one’s assets during their lifetime and after death. It typically includes the creation of documents like wills, trusts, powers of attorney, and healthcare directives. You do not need a medevil castle to qualify as an estate! Anyone who has stuff (clothes, bank accounts, or a car) can use an estate plan! In you will, you would also identify who you want to take care of any kids you may have if you and their other parent(s) pass away. 

Estate planning is crucial for ensuring that your assets are distributed according to your wishes, minimizing taxes, avoiding probate, and providing for your family’s financial security after you are gone. It can also help manage decisions regarding your healthcare if you become incapacitated.

‍

Common documents include:

• Wills: Legal documents that outline your wishes regarding the distribution of your assets and the care of any minor children.
• Trusts: Arrangements where a trustee holds legal possession of assets for beneficiaries, which can help avoid probate and reduce estate taxes.
• Health Care Power of Attorney: Authorizes a specific person you nominate to act on your behalf to make health care decisions for you when you are unable.
• Financial Power of Attorney (AKA Statutory Power of Attorney): Authorizes a specific person to act on your behalf related to your finances. It allows them to pay your bills with your money if you are unable to do so. 
• Healthcare Directives (aka Living Wills): This is a directive that if you are in a terminable condition, you are telling your care team that you do not want any life sustaining care; instead, you want palliative care.

‍

If someone dies without a will, their assets are distributed according to state “intestacy” laws. Typically, this means that close relatives like spouses and children will inherit the assets, but this might not always reflect the deceased's wishes. The probate court will oversee all aspects of distribution of assets. 

Probate is the legal process through which a deceased person's estate is properly distributed to heirs and designated beneficiaries and any debt owed to creditors is paid off. Every county in Ohio has a probate court dedicated to doing this. It can be lengthy and costly. Avoiding probate can be done by establishing trusts, holding property jointly, or designating beneficiaries on assets.

While it's possible to create an estate plan on your own, especially with simple assets, consulting with an estate planning attorney is advisable for those with substantial assets, complex family situations, or specific wishes that might require legal expertise to enforce.

It's wise to review and possibly update your estate plan after major life events like marriage, divorce, the birth of a child, the death of a beneficiary, significant changes in financial status, or changes in the law that may affect your estate planning.

Drafting a will can be done on your own using various online tools, especially if your estate is straightforward. A simple will does not avoid the lengthy process of probate. Hiring an attorney is advisable if (a) you want to avoid probate, (b)  your estate involves significant assets, (c) complex family situations (like previous marriages or estranged family members), or (d) if you wish to establish detailed trusts or tax planning. A lawyer ensures that all the requirements are met and that your will is less likely to be contested. 

Take time to grieve. Losing a family member is never easy. As you plan for the funeral or celebration of life, you will need to obtain a death certificate. A death certificate is almost always required when claiming property as a beneficiary or throught the probate process. Next, you will need to begin the process of locating the will, assets, and debts.  The next step is to handling financial accounts, settling debts, and distributing assets according to the beneficiary, will, or statute.  It’s beneficial to consult with an estate or probate attorney to guide you through the process.

 You can ensure that your pets are cared for through your estate plan. This can include setting up a pet trust, which legally sets aside funds to be used for your pet's care, and designating a caretaker who will have the responsibility to look after your pets according to the instructions you leave.

Absolutely. You can include charitable gifts in your will or trust. 

A guardianship is a legal mechanism set up to manage the personal and financial affairs of an individual deemed incapable of doing so themselves, such as a minor child or an incapacitated adult. The court appoints a guardian to make decisions on behalf of the protected person. You can nominate a guardian for your dependents in your will, which the court typically honors unless proven against the best interests of the dependents.