Ohio Probate Lawyer Blog

If you are planning for the benefit of a child with special needs, you may have heard the expression "pooled trust." What is a pooled trust, and when is it in your loved one's best interests to use it?

A pooled trust is a trust that has been set up and is administered by a non-profit organization. While each beneficiary of a pooled trust has a separate account for their benefit, all funds in the trust are pooled for purposes of management and investment.

In the event of the beneficiary's death, if funds remain in their individual subaccount, the trust is required to reimburse the state for any Medicaid support provided to the trust beneficiary. The amount of reimbursement may be any amount up to the total amount of Medicaid assistance provided, to the extent that the funds are not retained by the pooled trust.

When Should a Pooled Trust Be Used?

Pooled trusts can… Read More

You may have heard of the benefits of having a trust in your estate plan. It's true that trusts provide many advantages, including the avoidance of probate. But beyond that, the types of advantages offered by a trust depend on the type of trust you use. For instance, revocable and irrevocable trusts provide different benefits. Further, there are different types of irrevocable trusts. The person who needs an irrevocable trust generally will have very specific goals in mind. It is extremely important that you understand the significant differences before ever signing an irrevocable trust.

As the name suggests, a revocable trust is one that the grantor (also called the settlor or trustmaker) can revoke at will. If you've heard someone talk about a "living trust," it was probably revocable. A revocable living trust allows the grantor serve as trustee and to use and benefit from trust assets d… Read More

One of the many duties of an executor or administrator of an estate is the management of the deceased person's property. Sometimes, that management involves the sale of property. How, exactly, does one go about selling property in probate that belongs to a decedent's estate?

First things first: unless you are the executor or administrator (also known as the personal representative of the estate), you don't sell or transfer any of the property of the estate. You could find yourself in legal trouble if you do. If you are the personal representative, the procedure for selling property depends partly on the circumstances and partly on the type of property.

Does the Will Give Authority to Sell Property?

If the deceased person's will authorizes the personal representative to sell real or personal property, the personal representative need not seek court approval prior to the sale. Ohio probate law, specifically Read More

Will a will prevent probate? A surprisingly common misconception is the idea that having a valid will in place prevents one's estate from going through the probate process. In fact, leaving property to your loved ones via a last will and testament guarantees that at least a part of your estate will have to go through probate. Probate is the process of authenticating a will (if one exists) and distributing assets according to its terms.

What having a will does prevent is an estate being distributed according to Ohio's intestacy laws. These laws are intended to distribute the property of a deceased when there is no will or other valid estate plan. Intestacy laws try to approximate what most people would do with their property had they had an estate plan. Typically, people would provide first for their spouse and children, and then for more distant relatives. Like other laws that are intended to cover a wide range of people, intes… Read More

You don't tell the neighbors your salary, or your coworkers your bank balance, or your friends how much your stock portfolio is worth. And they wouldn't think of asking, because financial matters are considered private.

If you surveyed 100 people, it's likely that none of them would want their personal and financial affairs to be available to anyone who chose to look them up. But few people consider, when making their will, that that's what happens when you open an Ohio probate case.

What Do You Mean, My Probate Case is Public?

Probate court in Ohio is public. Hearings are typically held in open court, which means anybody can be present for a hearing. As a general rule, most probate matters are not terribly exciting, and it's not likely that the general public is going to flock to (or even know about) a routine hearing. Still, you may find it unsettling to know that people you don't know may be able to hear about your family's personal matters.

This is especially true if you think there is even a remote possibility of a will contest or other probate litigation… Read More

We've written before in this space about choosing a probate and estate planning attorney.

Obviously it's important to choose someone who's experienced in estate planning and probate law and who is ethical. But beyond that, does it really make a difference whom you choose?

If one of the assets for which you're planning is a family farm, the answer to that question is an emphatic "yes!"

Unique Planning Issues for Family Farms

Family farms are not like other property, for many reasons. Leaving aside financial complexities, family farms, unlike many other assets, have a legacy, a family heritage attached to them.

While it's important to have an attorney who understands what your farm means to you, there is also much more to planning for a family farm than honoring sentimentality. Many economic factors affect the value of a farm from year to year, which could have an impact on estate tax. Like other family businesses,… Read More

Most people know that when an Ohio resident dies, if they have any property in their name that needs to be distributed, the estate must go through the Ohio probate process. But just who is allowed to open a probate case on behalf of a deceased person (decedent)?

Who Should Open an Ohio Probate Case if There is a Will?

If the decedent had a will, the will should name an executor (also known as a personal representative) for the estate. The named executor, whether he or she is a family member or heir, can open a probate case. The probate case should be filed in the Ohio county where the decedent lived. (If the decedent owned real estate in another state, a probate case might have to be filed there, too).

The named executor should present the will and an original death certificate to the probate court along with the petition. If the person named as executor is unable or unwilling to open the probate case or to administer the estate, any interested party may petition the court to have a probate case opened. The court will then appoint an administrator,… Read More

When people ask us about a spouse's inheritance rights in Ohio, they usually mean one of two things: either what will happen if their spouse dies without a will, or what will happen if their spouse tries to disinherit them. Let's discuss those separate issues one at a time.

What Happens if My Spouse Dies Without a Will in Ohio?

The legal term for dying without a valid will in place is "dying intestate." If your spouse dies intestate, Ohio law determines what share of their probate property you will inherit. Notice the phrase "probate property." Probate property is any property that would be distributed through the probate process, whether or not the deceased had a will. Some property, like that held in a trust, funds in a retirement account, proceeds of a life insurance policy, or assets held in joint tenancy or as "transfer on death" pass outside of probate to a designated beneficiary or survivor.

Ohio intestacy law attempts to distribute probate pr… Read More