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.
Estate Planning
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.
Guardianship
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.
Living Wills
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.
Minor Settlements
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 Our Clients Say
"This team was very compassionate and professional. My lawsuit was extremely frustrating and complicated and they always seem to make me feel better at the end of the day. They were concerned not only with getting me my settlement and fighting for what was right but also concerned with my well being and health! I am so glad I went with this team to handle my case. I would recommend them to anyone."
Andrea L.
"Over a year ago I was involved in a car accident and was injured. I contacted Erney Law in Columbus Ohio and spoke to Mary Erney. The following day I met up with the father-daughter duo Robert & Mary Erney... best decision I ever made. They fought for my case 100%. Their honesty and open communication gave me assurance that I was in good hands. Thank you to Mary Erney for being understanding, caring, knowledgeable & determined. If you looking for a great attorney I highly recommend Erney Law."
Jen B.
"Mary and Mr. Erney were very helpful in my case. I didn't have to call and remind them of anything. I heard from them often and never had to reach out for an update. What I loved most was that they recognized who I was every time I stopped by. I didn't feel like just another client like most places make you feel. They were both very professional. I felt comfortable and trusted their advice every step of the way. I will definitely use Mary and Mr. Erney again in the future!"
LaNajee S.
"Back in Late 2018, I was T-Boned by a Mail Van that went speeding through a stop sign. I wasn't able to fully use my right hand for almost 5 months and this was the first time I had even taken on legal representation. She was very transparent through the entire process and kept me up to date as things progressed with my suit."
T'Asiah P.
"First off let me say, if I could give more than 5 stars, I would! I had the pleasure of working with Mary Erney of Erney Law. She and her entire firm were absolutely amazing! I was searching for an attorney who would take my case since I lived out of state. I thought there was no hope at all. I found Erney Law via online search. I spoke to Mary and from the very first conversation, I knew I wanted her to be my attorney. Why? Because she cared! From the start, her approach was a caring one. She took time to get to know me and my situation and she put her all into my case. She walked me through every step of the process and she was very patient with me and willing to explain any and everything. I could go on and on about the amazing experience I had working with Mary Erney and Erney law. If you are looking for a law firm to handle your case AND one who cares about you as a person, this is the one! I want to say thank you Mary and everyone at Erney Law. It has been a pleasure working with you!"
Mickey A.
"Rob and Mary are the best in Columbus. They are very kind and compassionate and will do everything in their power to get you what you deserve. They took the time to come meet with me on multiple occasions when I was in a care facility. They answered all of my questions and explained the processes. I felt completely in the know the entire time. They offered to represent me in court and fought for me with insurance companies with great success. I would highly recommend them to anyone who has been injured in an accident. Next time I need a lawyer they will be my first and only call!"
Rachel W.
Reginald M.
What's the process?
Personal injury cases can be complicated and winning your claim is 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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Your personal injury 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 personal injury 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 personal injury case, and how compensation works for you and for us.
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