Mahaffey & Associates, Attorneys & Counselors at Law

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If You Have Questions About Estate Plans, We Can Help

Last updated on May 10, 2024

Creating an estate plan can be a long, detailed process filled with administrative steps. You will probably encounter many questions along the way.

At Mahaffey & Associates, our attorneys have extensive experience with estate planning, probate law and elder law. They can not only help you create estate planning documents but also answer any questions that you have for them. For example, these are some of the most frequently asked questions from our clients.

Why do I need an estate plan if I am young and healthy?

Every adult should have an estate plan; after all, the future is unpredictable. If you should become incapacitated or pass away without sound legal documents in place, then your relatives and the court may handle your assets, medical care and legal decisions in ways that you would not have chosen.

What documents should my estate plan have?

Your estate is unique from anyone else’s, but there are still a few documents that every estate plan should have:

  • A last will and testament to designate your beneficiaries
  • Trusts, if desired, to pass assets to your beneficiaries
  • A health care power of attorney that allows someone to make medical decisions on your behalf
  • An advanced medical directive to provide instructions about your medical care
  • A durable power of attorney that designates someone to make legal decisions for you

When you schedule a consultation with Mahaffey & Associates, we can discuss these documents in detail and draft them to suit your personal needs.

What is probate?

Probate is the process by which the court proves the validity of a will and distributes assets. If someone dies without a will, then the probate court will take control of their assets and distribute them according to Ohio law.

How can I avoid probate?

You can use certain estate planning tools to prevent your assets from passing through probate. Irrevocable and revocable trusts, payable-upon-death-accounts and life insurance benefits, for example, do not go through probate.

Can I make my will and estate plan myself?

Although there are countless do-it-yourself websites that allow you to create a will and other documents from a template, this is not wise. Often, courts will not uphold legal documents unless an attorney has assisted to create them. It is far wiser to invest in a legally sound estate plan from an experienced lawyer.

Ask Your Questions To An Estate Planning Attorney

These questions are just a few that we hear on a regular basis. When you schedule a consultation at our Sylvania office location, we can further assist you. Schedule a consultation with our estate planning attorneys today by using our online contact form. You can also reach our office at 419-741-0111.