LEWANDOWSKI LEGAL SERVICES

A Will is the traditional means of passing one's legal rights to both money and property upon death. To make a legally valid Will in Ohio, a person must be at least eighteen years of age, of sound mind and memory and not subject to any form of duress or undue influence.  In addition the Will must be witnessed by two persons, who are not receiving "gifts" under the Will.  A properly drafted Will can bring the testator "peace of mind".  An improperly drafted one, can lead to expensive legal "will contests" upon the death of the Maker.

 

What happens when a Will is Probated? 

 

       Wills must be probated upon the Makers death.  An Executor is usually named in the Will to administer the Makers estate.  A fiduciary bond (an expense to the estate) is set by the Court (if not waived by the Maker) to protect against theft, fraud etc.  Creditors submit their claims for approval. The remainder, after funeral expenses and legal debts are paid gets distributed, pursuant to the terms of the Will.

 

Are there legal ways to avoid probate?

 

         Even though it is still prudent to have at least a "simple" will, there are many legal techniques to miminze or even avoid the more costly "probate" process. 

 

          Survivorship Deeds, Life Estates and Transfer on Death Affidavits are all means to transfer real property without subjecting that real property to the Probate Court process.  

 

Is there another legal way to transfer property upon death without going to Probate court?

 

          Revocable Living Trusts can allow you to maintain control over your property, while avoiding the probate process altogether. 

 

What is a Durable Power of Attorney?

 

           Durable Powers of Attorney, allow someone you trust to manage your banking and financial affairs (while you are living) in the event that you are unconscious, mentally incompetent or physically incapacitated to manage those affairs. 

 

What do Advanced Medical Directives and Living Wills do?

 

          Advanced Medical Directives give a trusted love one such as a spouse, a son or daugter, the right to communicate and make decisions with doctors and hospitals, when you are unconscious and in life or death "medical/surgical" situations.  "Living Wills" which are also forms of medical directives, give You the right to express your wishes ahead of time in "end of life" situations.