Legal Question in Wills and Trusts in Ohio

I reside in Ohio as does my niece. I have various 401K, Profit-Sharing, Strock accoounts and property deed as TOD to my niece. Would it be to her benefit to remove the TOD's and put her as a joint-owner on the accounts -- or even possiby establishing a trust. Are there tax/inheritance benefits or liabilities to any of the options, including the current TOD?


Asked on 3/25/10, 7:50 pm

1 Answer from Attorneys

Christine Socrates Meyers, Roman, Friedberg & Lewis

I do not advise adding your niece as a joint owner. It only opens up your assets to her creditors. If your main goal of estate planning was to avoid probate, then what you have done by designating TOD is fine. However, if you have other goals such as avoiding guardianship, establishing how you would like your personal and financial matters handled in the case of incapacity, or being able to make changes to your plan during your lifetime, then you have not met those goals, and a trust can give you that. A trust give you the most flexibilty and the best options to accomplish your estate planning goals but may it not be for you. It is important for you to establish what your exact goals are that you would like to accomplish and then discuss it with an experienced estate planning attorney.

If you need further assistance or information, please contact my office at: http://www.socrateslegal.com .

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Answered on 3/30/10, 9:39 pm


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