Estate Planning

Planning for the future means protecting the people who matter most. A properly drafted last will and testament ensures that your wishes are carried out, your loved ones are provided for, and your estate is administered according to your intentions—not Ohio’s default probate rules.

When someone dies without a valid will, Ohio’s intestate succession laws determine how property is distributed. These rules are rigid and may not reflect the individual’s actual wishes or family circumstances.

Creating a will allows you to:

  • Decide who inherits property, money, and personal items
  • Name a guardian for minor children
  • Appoint a trusted executor to manage the estate
  • Leave charitable gifts or specific bequests
  • Reduce confusion and the risk of family disputes

A well-drafted will can also streamline the probate process and help ensure that matters are handled efficiently and with clarity.

Important Note for Step-Parents
Under Ohio law, stepchildren do not automatically inherit from a stepparent’s estate if there is no will. Unless a stepchild has been legally adopted or is specifically named in estate planning documents, they generally have no right to inherit.

Comprehensive Estate Planning Services

The Williams Law Firm takes a personalized approach to estate planning, helping each client establish a complete framework for managing assets and decision-making during life and after death. Services include:

  • Drafting and reviewing wills and codicils
  • Creating and coordinating trusts and beneficiary designations
  • Preparing powers of attorney and living wills
  • Advising on probate procedures and estate tax considerations
  • Updating existing documents to reflect life changes or legal developments

Each estate plan is crafted with care to reflect the client’s values, family circumstances, and long-term objectives.

Estate Taxes (“Death Tax”)
Federal estate tax applies only to estates exceeding a high exemption threshold ($15 million per individual as of 2025). As a result, most estates are not subject to this tax.

What Makes a Will Valid in Ohio

For a will to be legally valid in Ohio, it must meet the specific requirements outlined in Ohio Revised Code §2107.03. These safeguards ensure that a person’s true intentions are clearly expressed and protected from challenge.

An Ohio will must:

  • Be in writing (typed or printed)
  • Be signed by the testator (the person making the will) or by another person at the testator’s express direction and in their conscious presence
  • Be attested and subscribed by two competent witnesses, who observe either the signing of the will or the testator’s acknowledgment of the signature

Ohio does not recognize unwitnessed or handwritten (“holographic”) wills that fail to meet these formalities, and typically considers them invalid and unenforceable.

Power of Attorney (POA)

A Power of Attorney (POA) is a legal document that authorizes another person, known as the agent, to act on behalf of the principal. POAs can be broad or limited in scope and may take effect immediately or only upon the principal’s incapacity.

Ohio recognizes two primary forms of Power of Attorney:

1. Financial Power of Attorney

A financial POA authorizes an agent to manage the principal’s financial and legal matters, such as paying bills, managing property, filing taxes, and accessing financial accounts. This arrangement ensures that essential matters continue without interruption if the principal becomes unable to manage them personally.

2. Healthcare Power of Attorney (HPOA)
A Healthcare POA allows a principal to appoint an agent to make medical decisions if the principal becomes unable to communicate or make those decisions. This document ensures that the principal’s treatment preferences are honored and prevents courts or unwelcome parties from making those choices instead.

Together, these documents create an essential framework for maintaining financial stability and personal dignity during periods of incapacity.

Living Wills

A trust allows property to be held and managed by one party (the trustee) for the benefit of another (the beneficiary), according to the terms set forth by the trustor or grantor. Trusts can provide privacy, flexibility, and efficiency by allowing assets to transfer outside of probate.

Common forms of trusts include:

1. Revocable Living Trusts
A revocable living trust permits the trustor to retain control of trust assets during life, including the power to amend or revoke the trust at any time. Upon the trustor’s death, the trustee administers and distributes the assets to beneficiaries according to the trust’s terms, often without the need for probate.

2. Irrevocable Trusts
An irrevocable trust, once established, generally cannot be altered or revoked. However, it can provide benefits for tax planning, asset protection, and long-term care planning.

3. Special Purpose and Supplemental Needs Trusts
These trusts are designed for specific purposes, such as providing for a loved one with disabilities or supporting charitable causes. A properly structured supplemental needs trust ensures that a beneficiary with disabilities receives support without jeopardizing eligibility for government benefits.

Special-purpose trusts can also be created for a variety of personal or family needs, including:

  • Providing ongoing financial care for minor children.
  • Ensuring lifetime support for a family member with special needs
  • Establishing a pet trust to guarantee care for a companion animal
  • Setting aside assets for charitable or educational purposes

The Williams Law Firm assists clients in determining the type of trust most appropriate for their financial objectives and family circumstances.

Keeping Estate Plans Up to Date

Even the most carefully prepared estate plan should be reviewed periodically. Major life events, such as marriage, divorce, the birth/adoption of a child, or significant financial changes, can render existing documents outdated or incomplete.

Changes in the law can also affect the validity or effectiveness of estate planning documents. The common law Rule against Perpetuities reads that no interest is valid unless it must vest, if at all, not later than 21 years after some life in being at the creation of the interest. Ohio has slightly altered this in ORC 2131.08(C), reading “…in determining whether an interest would violate the
rule and in reforming an interest, the period of perpetuities shall be measured by actual rather than possible events.”

Ohio has thus adopted a “wait and see” approach, then opting to reform after such waiting period to conform best with the testator’s intent. This reformation gives greater flexibility for long-term trusts and estate plans while maintaining compliance with Ohio’s statutory framework. My firm monitors legal developments such as this to ensure that every client’s plan remains current, compliant, and effective.

Schedule a Consultation

A comprehensive estate plan is a lasting reflection of an individual’s foresight and care for loved ones. No one wants their legacy to be the conflict or confusion their estate creates.

Wills: $400 (add $150 for a second “mirror” will for a spouse)
Will with Testamentary Trust: $900
Minor Will Update (Codicil): $150
Living Wills: $150
Power of Attorney (Financial or Healthcare): $200 each ($100 each if bundled with a Will)
Standard Revocable Living Trust: $1900
Release from Administration: $750 or 2.5% of assets

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