WILLS, TRUSTS, & ESTATES

WILLS, TRUSTS, & ESTATES IN MEDINA, OHIO

Gerald D. Piszczek Attorney at Law

Attorney Gerald D. Piszczek can help you develop an individualized plan for your estate so that your wishes are honored and respected consistent with Ohio Law. You deserve to have the piece of mind which comes with properly drafted documents which protect your loved ones and your beneficiaries and distributes your property pursuant to your wishes after your passing. 

Attorney Gerald D. Piszczek will meet with you to discuss your property; the make up of your family; your designated beneficiaries; how, when and to whom you would like your property distributed; and what you would like to happen in the event of any future physical or mental incapacity.

LAST WILL AND TESTAMENT

A will is a legal document that declares how you want your debts to be paid, how you want your property to be distributed and to whom, and who you want to put in charge to accomplish your wishes. If you have minor children, you can nominate a guardian or guardians for your children. There are legal requirements for wills, so it is wise to speak with an experienced attorney to ensure that your wishes can be legally carried out in the State of Ohio and to draft documents consistent with Ohio law according to your wishes. Call Attorney Gerald D. Piszczek at 330-723-2200.

TRUSTS

A trust is a legal agreement between the person making the trust (sometimes called the “grantor”, “settlor” or “trustor”) and the trustee of the trust. The grantor of a properly drafted trust can put assets into the trust which will be managed and administered by the trustee according to the wishes of the grantor. You decide who will be the beneficiaries of the trust, how the funds in your trust will be used, as well as how and when trust funds will be distributed. There are different types of trusts for different purposes. Not every person needs a trust , but a properly drafted trust can be very helpful in the right situation. An experienced attorney can help determine if a trust if right for you.

TRANSFER ON DEATH DESIGNATION AFFIDAVIT

A Transfer on Death Designation Affidavit is a legal document which is signed under oath by an owner of real estate who names one or more beneficiaries to become owner(s) after the current owner’s death. This document is recorded with the appropriate county recorder. After the current owner dies, another document is filed with the county recorder to confirm the new ownership. The Transfer on Death Affidavit allows the real estate to be transferred to the new owner(s) without going through the probate process, which can be more time consuming and expensive.

FINANCIAL DURABLE POWER OF ATTORNEY

This type of power of attorney authorizes another person (your agent) to make decisions concerning your property for you. Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself.

This type of power of attorney does not authorize the agent to make health-care decisions for you.  Since your agent is able to make decisions regarding your property and your money. It is prudent to select someone you absolutely trust to serve as your agent. This type of Power of Attorney, as well as the Healthcare Power of Attorney, will in some circumstances, help to alleviate the necessity of a guardianship should you become unable to handle your own affairs in the future.

HEALTH CARE POWER OF ATTORNEY

In this type of Power of Attorney, you name a person to make health care decisions for you in the event that you have lost the capacity to make informed health care decisions for yourself. A Health Care Power of Attorney is not a Financial Power of Attorney. The Health Care Power of Attorney relates to health care decisions, as opposed to a Financial Power of Attorney which concerns property, money and finances.

LIVING WILL DECLARATION

Living Will Declaration is a legal document which allows you to specify what health care you want or not want if you become terminally ill or permanently unconscious and can no longer make your wishes known. It is NOT and does not replace a Last Will and Testament. A Last Will and Testament concerns a person’s estate - not health care decisions.

ESTATE ADMINISTRATION

Estate Administration is a process administered through the Probate Court in which a deceased person’s assets are transferred to his or her beneficiaries or heirs.  Ohio Law must be followed in this process, which generally involves the filing of specific documents with the Probate Court at certain stages in the process. The person who is charged with the duty to oversee the administration of the estate during the probate process is known as the Executor (if named in a Will) or an Administrator (if such person is appointed by the Court and is not named in a Will). The Executor or Administrator has a high degree of accountability. It is wise to seek the assistance of an experienced attorney who knows probate law, and can help with the filing of necessary documents and comply with rules and the laws relating to the administration of the estate. Call Attorney Gerald D. Piszczek at 330-723-2200.

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