Legal Question in Wills and Trusts in Ohio

will and trust

I am a middle aged man live in Ohio and my wife is not an Ohio resident; I have minor children and she doesn't. I'd like to set up a will and trust that will take care of our property and my children. My questions are: 1) is there forms that we can fill out for the will and trust (vs. having a lawyer doing it)? if so, where can I find the form? 2) I'd like to avoid the probate court (should both my wife and I die young) to pass the property to my children, will the above form do it? 3) if we need to get a lawyer, what are the questions we should ask before hiring him/her? Thank you


Asked on 5/16/07, 4:04 pm

2 Answers from Attorneys

Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: will and trust

There isn't really a form for the sort of thing your are looking to do, that is, keep your assets separate from your wife's or at least the disposition of your assets separate. To avoid probate, a trust is the most likely documents, although there are other ways to handle probate avoidance. This depends on the complexity of your estate. Find out from an estate planning lawyers if that person has experience working with blended families.

Read more
Answered on 5/22/07, 10:44 am
Christine Socrates Meyers, Roman, Friedberg & Lewis

Re: will and trust

Although there may be decent programs out there for drafting a will and/or trust I would not recommend using them especially without first consulting an attorney. A trust is a complicated document that when done correctly can provide tremendous benefits to you and your family. An estate planning attorney can help you implement a plan to carry out your objectives for your lifetime and for that of your spouse and children. He/She can help develop a plan for managing your personal care and financial matters in the case of your incapacity, help plan for the distribution of your assets after your death, avoid probate and in some cases help to minimize estate taxes. When looking for an estate planning attorney, make sure to ask about their background, years of experience and specialty. This area of law is complex and therefore it is a good idea to use an attorney who specializes in this area. You should interview a few different attorneys to find the one that you are comfortable with. Most attorneys, like myself give free initial consultations. Good Luck!

Read more
Answered on 5/16/07, 6:29 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Ohio