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Estate Planning & Probate Litigation Archives

Consider your will when getting a divorce

Previous posts on this blog have detailed the need for you to see to your estate planning while you still can. If you have already completed this process by creating a will, congratulations. However, you should know that the word "completed" used in this context is misleading. We here at Baker, Dublikar, Beck, Wiley & Mathews are constantly reminding our clients that the estate planning process is never truly over. As the years pass, your circumstances in North Canton are bound to change. Many of those changes should prompt you to revisit your will and update its terms to reflect your current situation. 

If someone dies intestate, what does the surviving spouse get?

When you are grieving the loss of your beloved spouse, the last thing you want to worry about is a battle over his or her estate when they died intestate, or without a will. Ohio state laws offer rules regarding statutes of descent and distribution that, as long as no other surviving relatives or heirs contest distribution, could remove this burden from your shoulders. But how do these rules affect you as the surviving spouse?

How do wills and estates affect adopted children?

If you have adopted a child or are an adoptee, what happens when either adoptive or birth parents die under Ohio law? Do laws differ either with or without a will? Do adoptees have a right to a birth parent's inheritance, or a right to their adopted parents' inheritance?

Do you pay taxes on inherited property?

Now that it is tax season, residents in Ohio who received an inheritance last year may be wondering if they are responsible for any taxes related to the property. The good news is beneficiaries are not responsible for any taxes on items they receive as part of an estate. However, if property was sold, the sellers may have to pay taxes.

Trusts and responsible distribution

Ohio residents who want to properly manage their money and other assets may find a trust is the way to go. Not only is it a method to protect the owner and their assets after death or in the case of mental incapacity, but the owner can also direct how the assets are distributed in a responsible manner.

Trusts and estate planning

With a new year around the corner, people in Ohio may be focused on getting their finances in order. Along with making sure their will is up to date, some may be thinking of setting up a trust. As a way of preserving and passing on wealth, a trust can be beneficial in certain situations. When setting up a trust, the owner needs to decide whether it is revocable or irrevocable.

What is involved with probate administration?

Ohio residents who want their assets distributed in a certain way after they pass away need to write a valid will and name a probate administrator to manage their wishes. Probate administration encompasses a number of responsibilities and it is important to choose someone trustworthy and responsible to be in charge.

Naming an executor for your estate

We have discussed a variety of issues that arise with estates on this blog, from undue influence to creating an effective will. However, there are far more issues to address, some of which you may be currently dealing with. For example, you may be having difficulty naming an executor for your estate, in which case it is pivotal to go over the ins and outs of your circumstances thoroughly. Our law firm recognizes how important it is to find an executor who you can count on and is fully capable of carrying out your wishes.

Tips to writing a valid will

Writing a will in Ohio may not be on the top of many people's priority lists, but it is important in order to prevent a legal battle between loved ones. Not only is it important to include all significant and relevant items for distribution, it is also imperative to use correct terms and language to decrease the chances of it being contested down the road.

Challenging a will on the grounds of undue influence

Imagine that before he passed away, your father had a new girlfriend. Shortly after they started dating, you saw less and less of him. Every time you called to check in, she answered the phone and provided some excuse for why he couldn't talk. After he passed, the probate attorney called you about the will and you found out that your father had recently written a new one that did not include you or your siblings. Instead, he left everything to his girlfriend.

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