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Estate Planning & Probate Litigation Archives

Resolving an inheritance dispute

When someone passes away with an estate plan, they likely want their assets to be split up among those they love and their close friends. Unfortunately, disagreements between family members and others who are included in an estate plan can lead to various challenges and may make it even harder for people to recover from losing someone they love dearly. Disputes may arise for a number of reasons and in this blog post, we will look into inheritance disputes and how important it is to resolve them properly. Sadly, some families in Ohio have been torn apart due to these disputes.

Creating a living trust to avoid probate

We have gone into detail on many different stressors and areas of uncertainty regarding estate plans, such as the challenges that can arise within a family when an estate dispute surfaces. There are many different factors to mull over when you are preparing to create an estate plan, such as talking about your decisions with family members and deciding which option will benefit your loved ones the most later on. For some people, living trusts make the most sense and this option could offer a handful of benefits. For example, many people decide to move forward with a living trust in order to avoid probate.

Feeling overwhelmed as the executor of an estate

There are different issues to consider when it comes to estates, from confusion during the planning phase to disputes that arise after someone passes away. However, estate matters can be especially tough for some executors to work through for a number of reasons. Some may feel overwhelmed because they have never taken on these responsibilities before, while others may be emotionally distraught following the loss of someone who was close to them and feel as if they are unable to continue. If you are struggling with your responsibilities as the executor of an estate, you should carefully go over your options and look for ways to simplify your circumstances.

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?

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