Probate & Estate Planning Lawyers Columbus, Ohio
Are you ready to plan your estate, develop a living will or last will & testament? We can help.
Probate and Estate Planning involves the arrangement of assets and how they will be transferred and who will be the beneficiaries to your assets after you’ve passed away.
Do you want to plan your estate, last will and testament or living will declaration? Get a Free Case Evaluation today.
Probate Litigation is a legal process that identifies the assets of a deceased person and how the beneficiaries will distribute the assets among the legal heirs following a death. This is a challenging type of law because it involves a personal family situation, and requires the experience and compassion of a skilled probate attorney. The process of estate planning involves the arrangement of assets and how they will be transferred in the event of a death. An estate can include a home, car, bank account, investments, life insurance, real estate and personal possessions. The process of estate planning is a method of maximizing and protecting the wealth that is left behind or intended for beneficiaries of a loved one when death occurs. It is taking the time to create a plan for your belongings and wealth in advance. Erney Law in Columbus, Ohio has the experience to help plan and organize your affairs.
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Durable Power of Attorney for Healthcare
If you are not capable of making decisions regarding medical care and treatment on your own behalf, this document will give the person you name the power to do so for you. A Durable Power of Attorney for Healthcare can be granted to anyone you trust to follow your wishes regarding any medical care or treatment decisions, in the event you are uanble to make those decisions yourself.
Estates are governed by the county probate court where the person lived before they passed away. The executor or administrator of an Estate has the task of collecting all of the estate’s assets, telling the probate court what those assets are, paying any debts owed by the estate — such as final medical bills and funeral and burial expenses — and distributing the remainder of the estate in accordance with either the statute or the person’s last will and testament.
General Power of Attorney
A General Power of Attorney is a legal document that will allow the person you appoint to take care of any financial needs that you may incur if you are not able to deal with your own needs. If you have been injured in any kind of accident, suffered a debilitating medical condition, or even have been deployed by the military, a General Power of Attorney can make life much easier for you and your family.
Most often, a General Power of Attorney would be granted between spouses, such as a husband granting power of attorney to his wife. Powers of attorney can also be granted to other relatives, such as children and siblings, or to anyone of your choice. It has to be a person that you trust will follow your wishes, that is the only requirement.
Guardianships are granted to one person to take care of another person, whether it is the actual person, the estate of that person, or both, when they are not capable of taking care of themselves.
A Guardianship may be granted for a minor child who has lost both of their parents or who had only one parent involved in their life and that parent passes away. It may also be granted for an adult who is not competent to make decisions on their own behalf, whether due to mental issues or health problems. This allows the person seeking the Guardianship to continue to make decisions for the ward, even after that person turns eighteen.
Last Will and Testament
A Last Will and Testament is a document that allows you to tell people how you want your belongings or assets to be handled upon your death. It tells the person you name as Executor exactly how to distribute the assets in your estate. This document is invaluable because it makes it much easier for those left behind to deal with the items owned at the time of your death.
A Living Will Declaration is your declaration in the event that you are in a terminal condition or a permanently unconscious state, stating that you do not wish to be kept alive by mechanical means or a respirator. If two or more doctors have determined that you are in a terminal condition or a permanently unconscious state, those doctors must then contact the three people you list on your Living Will Declaration and discuss their findings with those individuals.
In the state of Ohio, any settlement on behalf of a minor (Minor Settlement), a person under the age of eighteen, is subject to the approval of the county probate court. A person, usually the parent or parents of the minor, must apply to the county probate court for approval of the settlement of the minor’s claim, indicating how much the settlement is for, the cost for attorneys’ fees, case expenses, any outstanding medical bills or other expenses to be paid back and the net proceeds that will go to the minor.
The net proceeds for Minor Settlements may be placed in either a custodial bank account, such as a Certificate of Deposit (CD), in the name of the parent. The net proceeds, if a significant amount, may also be placed in a structured settlement which would make periodic payments to the minor at certain ages after the minor turns eighteen.
Wrongful Death Settlement
When a person dies a wrongful death and a settlement is reached in a wrongful death case, the Wrongful Death Settlement must be approved by the county probate court. The probate court will need to know the amount of the settlement, cost of funeral and burial expenses, any final medical bills or other debts related to the wrongful death, attorneys’ fees, case expenses and the net proceeds for the wrongful death claim.
The court will also need to know the names and addresses of all of the heirs or beneficiaries of the estate who must either waive notice or be mailed certified letters informing them of the potential Wrongful Death Settlement. The court will set a hearing date and if there are no objections to the settlement and distribution of the settlement, it will approve the settlement the day of the hearing.
What's the process?
Personal injury cases can be complicated and not always guaranteed. Our process ensures that every client we represent will receive the best possible financial outcome, and start the healing process.
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We will first review your case carefully, get to know you, and gain an understanding of your injuries.
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If injured, we make absolutely sure you are receiving the proper medical treatment during this difficult time.
We Handle Everything
We will relieve the worry and burden of dealing with the insurance companies to ensure the best possible outcome.
Free Case Evaluation
We're eager to meet with you, see how we can help and give you and your family the personal attention you deserve.
Your case matters to us, just as much as it matters to you. We want to help you every step of the way, but in order to do so, we need to meet with you, get all the facts, and work out the details in order to build your case. We will meet with you for absolutely free, and explain to you in full detail the inner workings of how these situations usually end up, how likely you are to win your case, and how compensation works for you and for us.
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