Wills & Trusts
The Sutton Law Firm believes that the most important and critical step in the proper design and drafting of a will is the conversation between the client and his or her attorney. We understand that the client wants to control their property while they are alive. They want to control how their assets will be used to take care of themselves and their loved ones if they become disabled. Further, they want to know how and when their assets will be distributed upon death; and maintain privacy for themselves and their loved ones. We can help you achieve these goals!
Here at the Sutton Law Firm, we will meet with you and discuss your objectives, family, assets and the estate planning alternatives. The Sutton Law Firm serves as your advisor, and will review your concerns about your family and charitable interests, and then help you put together an estate plan that makes sense to your situation and needs. Call today to schedule an appointment to discuss your estate plan. It is never too soon to plan for the future.
I will avoid probate by having a will. My will disposes of all of my assets, including life insurance and retirements account. If I have a trust, I do not need a will. A will cannot be that complicated and I can prepare it myself with this software I purchase or through an Internet site I found. If I do not have a will, it will all go to the State of Ohio. Only probate property is subject to estate or death taxes.
Where to Start
Basic purpose of a Will: Provides for the distribution of the testator’s estate upon death. The testator chooses to whom the property will pass and in what manner and proportions. Without a will, the decedent will be intestate and his or her estate will be administered as such. Intestate administration will include the following: Appointment of an administrator by the probate court, usually the surviving spouse, otherwise someone who is a next-of-kin; Creditors paid from the estate, before any other distributions are made, Property distributed pursuant to Ohio Rev. Code § 2105.06, the statute of descent and distribution; and Probate court names a guardian for decedent’s minor children.
Powers of Attorney
As we grow older many of us face the reality that before we die we may not be mentally or physically competent for some period of time. A power of attorney authorizes a person to act on another’s behalf regarding health care and financial decisions. The power of attorney remains effective even if the person who created it becomes incapacitated.
By creating a power of attorney, The Sutton Law Firm will best ensure that your rights, dignity, and wishes will be protected if you ever become incapable of making or communicating decisions regarding medical treatment and financial affairs. Remember, if you do not make any arrangements in advance and you become incapacitated, a judge will appoint someone to make decisions for you.
If you are concerned about a person who is incapacitated and unable to make decisions, a guardianship may be your best option. A guardianship involves a judge appointing you or another relative or friend to act on the person’s behalf. The Sutton Law Firm can help you through this complicated process and make sure that your loved one’s wishes are fulfilled to the best of our ability. Please call today to make an appointment with Max or Mallory.
A living trust is a legal document that controls the transfer of any property you have placed in the trust; when you die, beneficiaries you’ve name receive trust property. Living trusts are called “living” because they’re created when you’re alive. They’re also called revocable because you can revoke or change them at any time, for any reason, before you die. While you live you still effectively own all property you’ve transferred to your living trust and can do what you want with that property.
The Sutton Law Firm can help you decide which option is best for you. A trust may be the right choice for you and your needs. However, trusts are not right for everyone. The Sutton Law Firm can help you make the right choice for you and your family.
Contact The Sutton Law Firm for a free, no obligation consultation with an attorney about your case. We serve clients throughout Licking County, including Newark, Utica, Heath and Pataskala.