Ohio Probate Lawyer Blog

Estate planning is all about protecting your family’s financial future. One important tool that helps married couples reduce estate taxes is portability. But what is portability in estate planning, and how can it help you and your loved ones? Gudorf Law Group, LLC has years of experience helping Ohio families take advantage of portability and other key estate planning strategies to secure their legacies.

What Does Portability Mean in Estate Planning?

Portability in estate planning refers to the ability of a surviving spouse to use their deceased spouse’s unused federal estate tax exemption. This means if one spouse passes away without using their full exemption amount, the surviving spouse can apply the remaining portion to their own estate. This can significantly reduce or even eliminate federal estate taxes for a couple, allowing them to leave more of their assets to their heirs. Gudorf Law Group regularly helps clients understand how portability appli… Read More

When a loved one passes away, the probate process can be complicated and emotionally taxing, especially for families with blended dynamics. If you’re a stepchild wondering whether you have the right to contest a will, you’re not alone. This situation can be tricky, but at Gudorf Law Group, we’re here to offer clear answers, guidance, and compassionate support throughout the process.

Do Stepchildren Have Legal Rights to Inherit?

In Ohio, stepchildren don’t automatically inherit from their stepparents unless they’ve been legally adopted. This means that even if you had a close relationship with your stepparent, you might not have any legal right to their estate unless they specifically named you in their will. If your stepparent didn’t include you as a beneficiary, and you weren’t adopted, you typically won’t be considered an heir.

At Gudorf Law Group, LLC, we understand how important clarity is when it comes to matters of inheritance. We know that family dynamics can be complicated, and we’re here to guide you through the legal process with the care and attention you deserve. Our team will he… Read More

If you or a loved one in Dayton, Ohio, needs long-term care, you might be wondering how the 5-year Medicaid look back period could impact your financial planning. The Medicaid look back is a rule that checks whether assets were transferred in the last five years before you apply for Medicaid. Understanding this rule is critical because it could affect your eligibility for Medicaid assistance with long-term care.

What is the Medicaid Look Back Period?

The Medicaid look back period refers to the rule that reviews any assets you may have transferred during the past 60 months (five years) before applying for Medicaid. If Medicaid finds that you gave away assets during this time, you could face penalties, which may delay your ability to receive Medicaid benefits. The purpose of this rule is to ensure that Medicaid is available to people who truly need help paying for long-term care, rather than those who can afford it on their own.

How Does the Look Back Period Work?

During the look back period, Medicaid reviews whether you transferred assets, such as your home or fina… Read More

When planning your estate, one of the most important documents you'll create is your will. This legal document outlines your final wishes and how you want your assets distributed after you pass away. While most people think of a will as a formal document drafted by a lawyer, you might be surprised to learn that a handwritten will, also known as a holographic will, can be legally recognized in some cases. But what about Ohio? Is a handwritten will legal in Ohio, and are handwritten changes to a will legal? Let’s explore the details.

Can You Write Your Own Will in Ohio?

In Ohio, a handwritten will is legal under certain conditions. A handwritten will can be valid as long as it meets specific legal requirements. Ohio law requires all wills (including handwritten ones) to be signed by the testator, and witnessed by two individuals who are not beneficiaries of the will.

While it may seem simple to grab a pen and paper to jot down your final wishes, the state of Ohio takes the validity of wills very seriously. The reason for these strict requirements is to ensure that the will accurately reflect… Read More

Creating a will is one of the most crucial steps in estate planning, as it ensures your final wishes are honored after you pass away. As life changes, however, you’ll likely need to update your will. So, what happens to the old will when you make a new one? Does your new will invalidate your old one? Let’s explore how this process works and what steps to take to ensure your new will is valid and effective.

Understanding Will Revocation

When you create a new will, you generally intend for it to replace any previous wills. In legal terms, this is called "revocation." But does your new will automatically invalidate your old one, or is there something specific you need to do to make sure the old will is no longer valid?

Does Your New Will Invalidate Your Old One?

Yes, a new will typically invalidates an old one. When you create a new will, it usually includes a clause that explicitly states that all previous wills are revoked. This clause is important because it clearly indicates your intention to cancel any former wills. Without this revocation clause, confusion or legal challenges can arise regarding which will is the valid one.

Is an O… Read More

We all hope that when our children marry, their spouses will become a part of the family forever. Of course, experience tells us that that is not always the case. Sometimes there is friction between a person’s parents and their new spouse. Sometimes even marriages that seemed promising don’t work out. Many parents, especially those with significant wealth, want to ensure that their child’s inheritance is protected from their spouse.

If you’ve ever thought to yourself about a son- or daughter-in-law, “They’ll get my money over my dead body,” you might actually be right. Let’s talk about child inheritance protection, whether or not your child divorces their spouse.

How Can Your Child’s Spouse Get Their Inheritance?

There are three ways that your child’s spouse might get their hands on your child’s inheritance: during their marriage, in a divorce, or in the unfortunate event of your child’s death. Before talking about how to avoid those outcomes, let’s examine how they might come about.

In Ohio, inherited assets are generally considered the property of the person who inherited them, not of the spouse. That’s the good news:… Read More

Creating a trust as part of your estate plan is often a wise choice—if you understand how to choose a trustee. In addition to avoiding probate, a trust can provide a host of other benefits, such as increased flexibility and control. A trust can also provide protection for assets—including beneficiaries who may not have the wisdom or impulse control to responsibly manage an inheritance on their own.

Why Choosing a Trustee Matters

A living trust is one of the most popular options among various types of trusts. With a living trust, the person creating it (called the grantor, settlor, or trustmaker) also serves as the trustee (manager of the trust) and beneficiary (person who receives distributions from the trust). What this means if you create a trust is that during your lifetime, you can use, enjoy, and transfer trust assets just as if they were in your own name.

Should you become incapacitated,… Read More

It might seem like an unlikely scenario: someone learns that they are entitled to an inheritance, and they decide not to accept it. Can you not accept an inheritance if you are named in a will or you are an heir under the law? The answer is yes, and the process is referred to in legal terms as “disclaiming an inheritance.”

While it may not be a terribly common occurrence, disclaiming an inheritance happens more often than you might think. And if you someday find yourself in a situation where you decide to not accept an inheritance, you need to understand the legal and tax implications of your decision.

Why Would Someone Not Accept an Inheritance?

Most people, of course, are grateful to receive an inheritance from the estate of a loved one. The decision to not accept an inheritance is rarely due to a rejection of the person who has died. There are many reasons to disclaim an inheritance that make perfect sense once you think about them:

To Avoid Estate, Gift, or Income Tax Consequences

Managing tax consequences is probably the most common reason to not accept an inheritance. An inheritance, particularly a large one, can have negative… Read More