Estate Planning

ESTATE PLANNING

Many of us put off estate planning because it forces us to think about death. Remember, once the planning process is complete, it is just one less issue with which you have to deal.

Bob Rosplock can advise you whether a trust is necessary or advisable for you and will advise you of the advantages of a trust.

While many of our clients have a trust merely to avoid the time and expense of probate, other clients clearly need a trust for reasons other than saving probate expense. Persons who definitely should consider a trust include:

Persons who own real estate, including timeshares, in two or more different states;
Persons whose beneficiaries are minors or adults who cannot properly manage money;
Those who have a disabled family member who may be disqualified from public assistance if an inheritance is received.

Everyone should have at least a basic will. This assures that the assets will go to the persons you wish to have them. If you have minor children, this allows you to designate a person or persons who you wish to have physical custody of your children during their minority. Finally, the existence of a will prevents the person serving on behalf of your estate from having to pay for a bond, the cost of which comes out of the estate assets.

In addition to having a will, with or without a trust, everyone should consider the following documents:

Financial power of attorney. A financial power of attorney allows another person to make your financial decisions. You can condition this power of attorney in such a way that it cannot be used while you are capable of making your own financial decisions, or can make it immediate, enabling the person to act on your behalf, even if you are capable of doing so.

Health care power of attorney. A health care power of attorney is a document naming a person to make your health care decisions if the time comes when you are unable to do so. It is much more important than a living will, as it is in force for any period of time where you cannot communicate your own wishes. Sometimes a person acting under a health care power of attorney does so for several years.

Living will. A living will is a document primarily designed to express your wishes regarding being kept artificially alive. Most persons who sign living wills do so because they do not wish to be kept on a respirator, or continue to be fed or medicated if they are terminally ill and will never regain consciousness.

Bob has been preparing the documents described above on behalf of his clients for over thirty years. He has also assisted hundreds of clients through the probate process when their assets were not owned by a trust. His experience includes teaching probate practice to paralegal students.

Our office can also assist you in establishing a guardianship, and in complying with all the associated reporting requirements. Guardianships are usually formed on behalf of minors or adults who are no longer competent to act on their own behalf. A person who has a properly executed financial power of attorney and a properly executed health care power of attorney often eliminates the need for a guardianship through the probate court.

Please contact our office for assistance with your estate planning or probate needs.

Robert S. Rosplock

Attorney at Law

4230 State Route 306

Bldg. I, Suite 240

Willoughby, Ohio 44094

440-953-1310 - office

440-953-1427 - facsimile

rosplocklaw@yahoo.com