Legal Question in Wills and Trusts in Ohio

My husband and I are both close to 80 yrs. old and have been thinking of starting a trust but already have a will. Is a trust a better way to protect our estate? We have 6 children.


Asked on 8/07/10, 5:55 pm

2 Answers from Attorneys

Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

It is difficult to answer your question without more detail.

A trust can be a good way to manage your assets as you and your husband get older. Any assets in the trust can be managed by the trustee for your benefit without the necessity of a guadianship.

A trust also can allow you to protect your assets for your children. Trusts may be better if you expect conflicts between your children upon your death.

I would suggest that you speak to an estate planning attorney who can review your situation and give you suggestions.

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Answered on 8/12/10, 6:05 pm
Thomas Richards Richards & Associates Co., LPA

Hello. I am an estate planning attorney.

A trust has many benefits over a simple will:

Privacy-

flexibility

Non-testamentary document

Does not require the formalities of a testamentary document

Can live way beyond your death, which a simple will can not do.

Can provide for granschildren's college educations,etc.

You can leave different gifts to children/grandchildren that is held back until they reach certain ages.

There are many other benefits over a will.

If you like, call our office to schedule a conference to answer you questions.

Thomas Richards, Attorney

513-871-8755

Ohiotrustlawyer.com(website)

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Answered on 8/13/10, 9:44 am


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