Probate

The Last Will and Testament is the primary method of disposing of one’s assets upon his or her death. A Will also appoints an Executor or Executrix, more commonly known as a Fiduciary or Personal Representative, to carry out the wishes of the person making the Will.

In your Will you can also appoint a Guardian for your minor children. The person making the Will is known as the Testator.

A person making a Will must be of sound mind and memory and know who his actual heirs are. The Will must be signed by the Testator and witnessed by two (2) independent witnesses who do not stand to benefit from the Will.

Should you die without a Will then your property will pass by the Law of Ohio, known as, The Statute of Descent & Distribution. Again you should discuss this at length with your Attorney.

Important areas of the Law referred to as Advanced Directives. These include:

a. Living Will
b. Durable Power of Attorney for Health Care.
c. Financial Power of Attorney.

Powers of Attorney have specific purposes and your Attorney can create a Power of Attorney which carries out the specific purpose for which you want to make a Power of Attorney.

When a person becomes incapacitated mentally it is too late to make a Power of Attorney. Often times, to be able to access the person's assets without a Power of Attorney, you may have to have a Guardianship established. This is more time consuming and a more expensive process.

A person should discuss with his or her Attorney the need for a Power of Attorney and make sure they have taken adequate steps to make it easier for his or her spouse or other trustworthy person to handle financial and other matters when a person becomes incapacitated, whether physically or mentally.

Guardianships are another area in the category of Probate and Estate Planning. Often times if a person becomes physically or mentally incapacitated he or she is in need of a Guardian. The Guardian is then responsible for either caring for the person, if the Guardianship is of the Person, or handling financial matters, if it is of the Estate and acting under the Court supervision with regard to carrying out the duties of the Guardian. The Guardian can serve as both the Guardian the person and the estate. Depending upon the amount of settlement for a minor, the Court can require the Guardian to maintain said funds and provide accountings to the Court.

When a minor is involved in a personal injury and achieves a settlement that has to be ,approved by the Probate Court, both as to the amount of the settlement and how the proceeds are to be used.