An estate is broadly defined as the collective value of all property, assets, and liabilities that are owned, controlled or owed by a person. When someone passes away in Ohio, their estate may be required to go through the probate process. It is possible to avoid probate, and our estate planning lawyer can help you design an estate plan that avoids probate. However, when a probate administration is required, in an ideal situation the process will be relatively smooth and all property and assets will be distributed to the rightful heirs without serious conflict.
Unfortunately, that does not always happen. A contested estate is one in which there is a dispute over a key matter—such as the validity or implications of a will or a trust. No one wants to leave their loved ones in a fight over their estate. Below, our Cortland estate planning attorney explains some of the key things to know about avoiding a contested estate in Ohio.
Step #1: Create and Maintain a Comprehensive Estate Plan
What happens if you do not have a valid estate plan? You will be classified as “intestate.” As a consequence, all of your remaining property and assets will be divided in a manner set forth by Ohio law. You will lose control. The odds of a contested estate increase dramatically when there is no estate plan or an incomplete estate plan. To avoid a contested estate in Ohio, you must put a comprehensive and well-tailored estate plan in place.
Step #2: Make Sure All Documents are in Order (Work With a Lawyer)
Creating an estate plan will not guarantee that your estate will be settled without a dispute. A sloppy or otherwise flawed estate plan can cause serious problems. Estate planning documents are complicated and highly technical. It is always best to work with an experienced estate planning lawyer. As an example, there could be a dispute about whether a will is valid under state law (Ohio Revised Code § 2107.03).
Step #3: Have the Conversation With Close Family Members and Other Loved Ones
Finally, another key thing that you can do to avoid a contested estate is to proactively and openly communicate with your family members and other close loved ones. In many cases, estates are contested because people have different views on what the decedent (deceased person) intended. By having the conversation and making your true final wishes clear, you can reduce the risk of a dispute over your estate. While these conversations can sometimes be difficult, transparency is generally the best approach to avoid a contested estate in Ohio.
Call Our Cortland, OH Estate Planning Attorney Today
At The Law Office of John C. Grundy, we are diligent and reliable advocates for people and families. We can help you put a comprehensive estate plan in place to reduce the risks of contests or disputes. Call us now at 330-637-9030 or contact us here to set up your confidential initial appointment. With a law office in Cortland, we serve communities throughout Northeast Ohio.