Estate Planning

Planning for the future means protecting the people who matter most. A properly drafted last will and testament ensures that wishes are carried out, loved ones are provided for, and the estate is administered according to the testator’s values—not the state’s default probate settings. The Williams Law Firm assists individuals and families throughout Ohio in preparing clear, legally sound wills and estate documents designed to minimize disputes and provide lasting peace of mind.

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.

Having a Will Matters

When an individual dies without a valid will, Ohio’s intestate succession laws determine how property is distributed. These default rules may not reflect the decedent’s true wishes.

Creating a will allows a testator 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
  • Prevent confusion and conflict among family members

A well-drafted will helps surviving loved ones avoid delays in probate and ensures that the estate is handled smoothly and respectfully.

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.

Powers of Attorney (POAs)

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. Health Care Power of Attorney (HPOA)

A Health Care Power of Attorney 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

My 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.

My firm helps clients prevent that outcome by creating clear, thoughtful, and legally sound estate
plans that provide stability and peace of mind for families across Ohio.

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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