Legal Question in Wills and Trusts in Ohio
trust
do you need a lawyer to file a trust?
if not, where can you find forms, and how do you file?
is a trust more beneficial than a will?
1 Answer from Attorneys
Re: trust
Yes, you would need an attorney to establish a trust since it is very important that you fully understand the consequences of the trust agreement. Trusts must be well thought-out. Probate is not as bad as financial planners and estate planning attorneys claim it is. Here in Ohio the Probate Court usually charges $200 to $400 in court filing fees, the Executor may at his or her option collect up to 4% (set by state statute and decreases to 3% after $100,000 and 2% after $400,000). The Probate Court generally will not allow the attorney to charge more than 5% of the estate and this too is on a sliding scale. There are also other methods for avoiding probate (e.g., survivorship accounts, beneficiary designations, payable on death, etc.).