Most individuals who create estate plans (especially more elaborate and personalized estate plans) do so because they do not want their heirs and/or beneficiaries to squabble and fight over distribution of assets once they pass. Unfortunately, this goal is not always achieved. In the recent Ohio case Gehrke v. Senkiw, the testator and grantor’s careful… Read more »
Posts Categorized: Estate Planning Attorney
Best Reasons to Use a Trust
Introduction Trusts have become an increasingly-popular estate planning tool, especially for younger individuals. Trusts have been touted as offering many benefits over the traditional will, but some older individuals or those who are committed to doing things in the same manner as their parents and grandparents may be reluctant to jump on board the bandwagon… Read more »
The (Important) Difference Between Heirs and Beneficiaries
When speaking about wills, the terms “heirs” and “beneficiaries” are often brought up, discussed – and confused. In fact, many individuals use the terms “heirs” and “beneficiaries” interchangeably. However, these two terms refer to two distinct groups of people. Understanding the difference between heirs and beneficiaries enables you to better understand what you can –… Read more »
The Importance of Properly Funding a Living Trust
A living trust is a useful estate planning tool that allows your assets to pass to family members (or other heirs) without having to go through an extensive probate process. While a trust may sound complicated, it is actually a rather straightforward arrangement. Basically, you sign a document certain specified assets to a trustee—which is… Read more »
How Estate Contests Work in Ohio
Contesting a will is not an easy process. Under Ohio law, a will admitted to a probate court is presumed valid, and anyone contesting such validity bears the burden of proving otherwise. Common grounds for contesting a will include forgery, discovery of a superseding will, or evidence of fraud or undue influence. Will Contest Goes… Read more »
What Happens When Your Will Fails to Name an Executor?
An important part of making a will is naming an executor to carry out its terms after you are gone. It is essential not only to nominate an executor, but one or more alternates who can act if your first choice either predeceases you or is unavailable to serve for some other reason. If your… Read more »