Estate Planning For Peace And Confidence
Many refuse to think about the future simply because doing so is too depressing or uncomfortable. Some feel that estate planning is only for the wealthy. Others fail to plan for the future because they think they are too young and that planning for the future is unnecessary because they have not acquired considerable wealth. However, it is vitally important for all families to have estate plans.
Although some may feel the initial discomfort of thinking about becoming incapacitated or passing away, having an estate plan can actually provide you with a sense of peace and confidence. An estate plan will enable you to know that you have done everything in your power to protect and provide for your family when you are no longer able to do so.
Effective Preparation Is Crucial To Protecting Your Interests
Preparing an estate plan is an important step in planning the distribution of your assets and estate following your death. Your estate plan should outline how you would like your assets to be distributed to your children, spouse, other family members and even pets. It can even address end-of-life care and medical treatment.
We can assist you with drafting and filing an effective estate plan that addresses the following:
- Living wills
- Powers of attorney, including durable power of attorney for healthcare
We also provide a variety of elder law services that fall outside of what is typically considered estate planning, including tax planning help.
Our team at The Law Offices of Saia & Piatt, Inc., also guides clients through the probate process after their loved ones have passed away.
Why Do I Need An Estate Plan?
If you do not have an estate plan, Ohio law will determine how your assets will be distributed upon your death. More often than not, the law typically does not distribute your assets in the manner that you would have wished. If you are married, have children, own a business or have significant assets, you should have an estate plan. You should also update your estate plan if you experience any major life changes such as the birth of a child or a divorce.
Failing to do so could result in your assets being distributed in a way that you would not want, which could subject your family, children or spouse to financial strain in the future. Creating a plan with an experienced lawyer from our firm will help you avoid costly mistakes and accomplish your goal of protecting your family.
What Is A Last Will And Testament?
A last will and testament, often just called a will, is a document that describes how you wish your estate to be handled after your death. In your will, you can direct assets and property to certain family members or loved ones, name guardians for minor children and name the person who will manage the distribution of your estate.
Do I Need A Will?
There is no legal requirement that everyone have a will. But with a legal will in place, you are preserving your voice to be heard after you have passed away. It is the best way to protect your wishes and save your loved ones from agonizing over your estate.
What Happens If I Die Without A Will?
In the event you die and do not have a will, the courts will consider you as having died “intestate” and will take over the process of administering your estate. Your assets and property will be distributed according to state law, despite any claims from surviving family members as to how you had wished your estate to be handled. So, having a will ensures that your estate will be distributed according to your wishes and not just according to state law.
Do I Need An Attorney To Create A Will?
It is not required that you have a lawyer when creating a last will and testament. There are many places online where you can find do-it-yourself directions. However, it is in your best interests to have an attorney guide you through the process to ensure your intentions are clearly stated and the will encompasses all your wishes.
Can I Change My Will After It Is Written?
Yes, you can create a new will to take the place of any previous wills. In fact, it is often a good idea to review your will and any other estate planning documents every so often and in the event of any major life changes. This way, you can ensure your will is up to date and accurate at all times.
Can I leave Someone Out Of My Will?
While there are some protections for spouses and/or children, you can typically include or leave out anyone you wish in your will. If you are leaving someone out and have no intention of any of your estate going to them, it is best to be very specific in your will about that situation.
What Makes A Will Legal?
The courts consider a will valid and legally binding based on three criteria:
- Mental capacity: You must be competent, able to make your own decisions and of sound mind when creating and signing your last will and testament.
- Free will: A will is not legal if you are being pressured or have succumbed to undue influence when writing and signing your will. You must be doing so freely and without any outside influence.
- Witnesses: When you sign the will that has been drafted, your signing must be witnessed by two individuals. These people cannot be related to you, nor can they be named in your will as beneficiaries of your estate.
Secure Your Future With The Law Offices Of Saia & Piatt, Inc.
Ohio law requires that certain formalities be followed in order for a will, trust or other aspect of an estate plan to be valid and enforceable. Our law firm can help you prepare an estate plan that is recognized as a legal document in court. Seeking solid representation from our attorneys at the outset can minimize the possibility of subjecting your family to unnecessary and costly lawsuits in the future.
We can make sure that your estate plan is properly prepared so that your wishes for your assets and estate are honored. We know that a well-crafted estate plan takes time, and in the end, our clients are grateful for our thorough work ethic. Our attorneys have more than 100 years of combined experience, and our approach to representation is characterized by a commitment to our clients’ success. This approach has not gone unnoticed; we have been named as one of the Best Law Firms by Best Lawyers ® U.S. News and World Report in both 2016 and 2017 and the Columbus Business First Central Ohio Top Firms.
If you are ready to secure your finances and future, we can help. Contact The Law Offices of Saia & Piatt, Inc., to speak with one of our lawyers. We offer free consultations. We are excited to learn more about your goals for your family and create a unique estate plan that can be implemented to protect your family’s legacy.