Legal Question in Wills and Trusts in Ohio

Re: Is a simple will sufficient to avoid probate?

It is a will which triggers probate. To avoid probate one must use other devices such as a living trust, concurrent ownership, and gifts during life.

Re: Is a simple will sufficient to avoid probate?

No, a simple will does not permit you to avoid probate. There are other methods which can be employed, in addition to the use of a trust.

Re: Is a simple will sufficient to avoid probate?

Depending on the extent of your father's assets, he could utilize a Living Trust, but he would want to transfer his assets to the trust during his life or make sure the trust is the named beneficiary on the assets to avoid probate. He could also avoid probate by naming his beneficiaries on the assets like bank accounts, life insurance, etc. However, passing all of his assets to kids via beneficiary designations can cause issues when trying to cover his last expenses, like taxes, attorney fees, accountant fees, funeral, etc. He should also have a Living Will and Durable Power of Attorney for Healthcare, and possibly a financial Durable Power of Attorney as well, if he does not.