U.S. CitiesCity-Data Forum Index
Happy Easter!
Go Back   City-Data Forum > U.S. Forums > Ohio > Cincinnati
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
Old 10-24-2011, 08:24 PM
 
13 posts, read 30,974 times
Reputation: 29

Advertisements

Need a simple will. Can any one recommend a good attorney or law firm?
Reply With Quote Quick reply to this message

 
Old 10-25-2011, 12:03 AM
 
10,139 posts, read 22,435,726 times
Reputation: 8244
A person who actually needs a "simple will" can probably get by with one purchased on the Internet from such places as LegalZoom.com. The problem is that most people who want a "simple will" actually need more complex estate planning documents. And, there's the rub. If you don't know what you actually need, then an Internet product will not work properly.

Well known estate planner and attorney, John Cornetet, Esq., will probably be the best recommendation for a person about whom we know nothing. He is in a firm named Cornetet, Meyer, Rush & Kirzner Co., L.P.A.
located in northern Hamilton County, Tri County area if I recall correctly.


Conditions which would indicate that more than a simple will is needed, would include a testator with children at any age or beneficiaries other than a surviving spouse. Ethical lawyers do not prepare testamentary trusts in Ohio any more so any circumstance wherein a minor child might inherit even a modest amount, such as resulting from the premature death of an adult child with children before the testator, dictates an intervivos trust. Also, since a person might die under compensable circumstances, such as an auto accident, medical malpractice, etc., it is folly to estimate that there are no assets in a decedent's estate for purposes of determining whether a minor might inherit. (One should not intentionally plan for an inheritance to go to an 18 year old without restrictions as will be the case under Ohio law if no trust is employed). Further, a durable power of attorney should always be prepared along with a will. Finally, the testator should use the opportunity to prepare his own living will and healthcare power of attorney. I suggest the Hospice web site for this free and universally accepted document.

Last edited by Wilson513; 10-25-2011 at 12:21 AM..
Reply With Quote Quick reply to this message
 
Old 10-25-2011, 06:25 AM
 
2,886 posts, read 3,955,279 times
Reputation: 1499
Charles Kamine and Ron Schilling in Kenwood. Ron specializes in this type of work. He handled settlement of two relatives' estates for me. He's as honest as the day is long, very detail-oriented, knows his field inside and out, and you won't find a nicer guy anywhere. He actually made a house call to meet with my elderly, shut-in aunt when she wanted to make some sensitive changes in her will. He wanted to see for himself that her mind was clear and that she wasn't being unduly influenced by anyone. I'll respect him forever for the kindness he showed her.

I don't know Kamine as well, but he's also done some real estate related work for hubby and me and we were happy with it.
Reply With Quote Quick reply to this message
 
Old 10-25-2011, 06:31 AM
 
Location: Mason, OH
9,259 posts, read 13,374,610 times
Reputation: 1920
Wilson... That is very sound advice. My mother had an attorney who prepared her will, living will, and healthcare plus financial power of attorney documents after the death of my father. She survived another 7 years. Once her dementia increased, she first came to live with me. Our clue was when she left a pan on the stove with the burner on and almost burnt down the house, we were ignoring the situation until then. My brother and I sold the house without she having to be present at the closing.

The power of attorney proved valuable when I took over paying all of her bills. She had adequate resources, but I was able to take over the checking and investment accounts with the power of attorney. Once she progressed to the point we had to place her in a nursing home, the other documents were relevant. The people at the nursing home told me she will eventually starve to death, as her brain will not tell her she is hungry. That turned out to basically be true. She would refuse to eat, and her living will prevented artificial means. While it saddened me greatly, at 95 plus she had a good life.

My wife and I need to update our will and other documents as we are in our seventies. Believe me, the experience I went through with my mother says it is definitely worth it.

Very good advice Wilson.
Reply With Quote Quick reply to this message
 
Old 10-25-2011, 07:59 AM
 
10,139 posts, read 22,435,726 times
Reputation: 8244
Quote:
Originally Posted by kjbrill View Post
. . .

The power of attorney proved valuable when I took over paying all of her bills. She had adequate resources, but I was able to take over the checking and investment accounts with the power of attorney. Once she progressed to the point we had to place her in a nursing home, the other documents were relevant. The people at the nursing home told me she will eventually starve to death, as her brain will not tell her she is hungry. That turned out to basically be true. She would refuse to eat, and her living will prevented artificial means. While it saddened me greatly, at 95 plus she had a good life.

My wife and I need to update our will and other documents as we are in our seventies. Believe me, the experience I went through with my mother says it is definitely worth it.

Very good advice Wilson.
Thank you. The durable power of attorney is often the most important document prepared. Our elders do not just fall over dead as often as they used to, thanks to better healthcare. The unfortunate side of this is that they usually lose their ability to cope with the business end of life. That's where the durable power of attorney comes into play. it enables the named person (usually a spouse, son or daughter) to act on their behalf without the necessity of establishing a guardianship of the estate of the person (as opposed to the guardianship of the person). When the grantor is over 65, I usually suggest about 10 originals of the durable power. Every bank wants an original, every stock broker, pension trustee and real estate recorder's office. Sometimes you get them back but one or two will not do. Anyone who has been through a probate court guardianship knows
that the tiny cost (we don't even charge if we do these separately) saves much humiliation and expense. A probate court guardianship requires an expert physician to opine incompetence, all living relatives notified, and a court appearance. then regular reporting to the probate court. Costing many thousands of dollars. All this is needed if the grantor did not take the time to sign a few simple pieces of boilerplate paper.
Reply With Quote Quick reply to this message
 
Old 10-25-2011, 10:21 AM
 
Location: Mason, OH
9,259 posts, read 13,374,610 times
Reputation: 1920
I will echo again, get those power of attorney documents signed, both financial and healthcare along with the living will. They can save your a whole lot of grief later on. And if there are any investment accounts involved, make sure you have the TOD (Transfer on Death) provision declared. Upon presenting a death certificate the accounts are transferred to the named beneficiaries in the proportions declared. Works smooth as silk.
Reply With Quote Quick reply to this message
 
Old 10-25-2011, 06:14 PM
 
13 posts, read 30,974 times
Reputation: 29
Thank you all for the specific recommendations and sound advice (much of which I will use).

I felt my will would be simple because I am single, most assets are in retirement accounts with named beneficiaries. Own an out of state rental property that might need special consideration.

Health care directives and other advice are very pertinent to my situation and I would like to thank all of you for articulating some of the nuances clearly.
Reply With Quote Quick reply to this message
 
Old 10-25-2011, 07:00 PM
 
10,139 posts, read 22,435,726 times
Reputation: 8244
Quote:
Originally Posted by buroak View Post
Thank you all for the specific recommendations and sound advice (much of which I will use).

I felt my will would be simple because I am single, most assets are in retirement accounts with named beneficiaries. Own an out of state rental property that might need special consideration.

Health care directives and other advice are very pertinent to my situation and I would like to thank all of you for articulating some of the nuances clearly.
Place the out of state real property in a sole member LLC. It will be disregarded for tax purposes but will avoid administration of your estate in the second jurisdiction (where the real estate is located). Be sure to actually transfer the legal title. Check with your lender to be sure they do not object.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Options
X
Data:
Loading data...
Based on 2000-2016 data
Loading data...

123
Hide US histogram

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > Ohio > Cincinnati
Similar Threads
View detailed profiles of:
Follow City-Data.com founder on our Forum or

All times are GMT -6.

2005-2018, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top