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Estate Planning & Probate Litigation Archives

Auto accidents and estate planning

In the wake of a motor vehicle wreck, victims may be going through a number of hardships. Serious injuries are often an immediate consequence of a crash, whether they involve brain trauma, a broken bone, deep laceration or some other wound. The loss of life is another serious concern that has resulted in a great deal of suffering for many families. However, there are other ways that car crashes can affect victims’ lives as well as the lives of those they love, even though it may not be at the forefront of a car crash victim’s mind immediately following a collision. For example, some car accident victims need to make revisions to their estate plan.

When an estate dispute involves siblings

We have covered a number of estate issues on our blog, but some are especially emotional and difficult to work through. For example, estate-related disputes which involve siblings and other family members can create rifts in families and high levels of stress and other negative emotions. Whether you are a beneficiary who suspects that an estate is not being managed properly or you are the executor of an estate and are struggling with beneficiaries who claim you have breached your fiduciary duties, this can very tough, especially if the disagreements involve siblings.

Setting up a special needs trust

There are many different options with respect to trusts and wills and it is important for those who are creating an estate plan to carefully look into their choices and find one that suits their individual needs best. For some people, a less common type of estate plan may be the most sensible option. For example, someone who has a loved one who is a struggling with a mental illness or a disability may find that a special needs trust works out best for their family member. There are a number of perks when it comes to special needs trusts and for some families in Ohio, these trusts help ensure that those who are struggling with a disability have the resources they need.

A revocable trust and pour-over will are complementary tools

At Baker, Dublikar, Beck, Wiley & Mathews in Ohio, we understand that estate planning may seem confusing, especially for people who have significant assets. While you may have heard of the benefits of wills and trusts as separate tools, the truth is that they can work together to simplify matters for your beneficiaries after you die.

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.

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