Almost everyone has an estate, and a plan should be made in order to establish which of your estate goes to whom if or when you pass away. Cars, homes, personal possessions, and checking accounts are just a few examples of what makes up an estate. Estate planning includes multiple steps and the creation of several legal documents. It is for everyone; not just the wealthy or for those who are retired. If you do not create an estate plan, the State of Ohio will divide your assets depending on their probate laws. These may not coincide with what you might have wanted before you passed, which is why everyone should meet with an attorney and create a well-constructed and thorough estate plan. At Elizabeth A. Burick Co. L.P.A., Elizabeth, the Canton, OH probate attorney, has experience in all of the following areas of estate planning:
Elder law encompasses all legal issues elderly people might face. Such areas include health and personal care planning, financial representation, retirement matters, and estate planning. A probate attorney who specializes in elder law may also represent clients who are victims of elderly abuse.
Estate Planning FAQ
When potential clients contact me they often have questions regarding estate planning; therefore, I have provided an estate planning FAQ page. I encourage you to read this page to get answers to commonly asked questions. Should you need more information, please don’t hesitate to contact me directly.
Estates / Wills
Creating a will to safeguard your estate is extremely important. If you do not construct a will before you pass away, your estate will be divided according to the state laws. This means that certain people may not receive assets or property that you wished them to have.
Guardianship is when someone is appointed to look after minor children or incapacitated adults when their primary caregiver is unable to do so. You have the ability to choose a guardian for your children or loved ones in a will. If a will is not created, the state can appoint a person or agency who will be held responsible for their care.
Living Wills / Power of Attorney
Living wills and powers of attorney can help a family discern your medical wishes should you become severely injured or disabled. A living will describes what you want in regards to medical care. You can state if you want your life to be artificially prolonged if the situation arises. A power of attorney is a document that gives someone the authority to act on your behalf regarding certain situations and decisions.
Medicaid planning is designed for seniors who do not have enough money to pay for long-term care. Depending on the regulations of the state, a person may or may not qualify for Medicaid, which is a type of healthcare aid. A successful Medicaid plan may help prevent estate depletion, and leave money for the spouse and beneficiaries after an elderly person has passed away.
If a loved one has recently died, you and your family are now facing probate. This is the process of gathering, inventorying, and distributing the decedent’s estate. You may be named executor, and have no knowledge about the probate process. An experienced probate attorney at my firm can walk you through the entire process. If you wish to contest a will, I may also be able to represent you in court.
There are many different types of trusts, but the main idea behind trusts is to avoid probate, and in some cases, minimize or eliminate estate taxes. Each type of trust is beneficial for different types of people, depending on their assets and wishes.
Canton, OH Probate Attorney
If you need assistance in any of the areas mentioned above, I may be able to help. All of these items may be necessary in order for you to have a successful estate plan. With over 29 years of experience, I can offer clients the best legal advice and representation for all estate planning issues. Contact my firm today to see how I can help you design an estate plan to meet your individual needs.