Your questions answered!
Yes! Virtually every person needs to have a will. A will ensures that your assets go to the people you choose, names guardians for minor children, and helps avoid unnecessary legal complications.
Without one, Ohio law determines what happens to your estate—and it may not align with your wishes. Planning ahead gives you control and peace of mind for your loved ones.
Having a will also simplifies the process of settling your estate for your loved ones.
A trust may be right for you if you want greater control, privacy, and flexibility in managing your assets. Unlike a will, a trust allows you to bypass probate, ensuring a smooth and private transfer of assets to your loved ones. If you value ease of administration and want to protect your estate efficiently, a trust can be a powerful tool to meet your goals.
A trust allows you to gradually distribute assets to your beneficiaries in a secure and meaningful way, ensuring that inheritances are managed wisely, safeguarded from creditors or poor financial decisions, and aligned with your long-term wishes.
Revocable living trusts (RLTs) offer many benefits. Here's a summary of some of the most popular advantages to a trust-based estate plan:
Probate Avoidance
Assets held in trust are passed to beneficiaries upon your death outside of probate. This eliminates the expense, time, and hassle associated with court administrated probate proceedings and is an attractive feature of RLTs for many individuals.
Privacy
Because assets held in trust are not subjected to court proceedings, RLTs offer significantly more privacy than probate proceedings. The trust doesn't become a public record, allowing assets to pass to your beneficiaries without publication of what or to whom you have distributed your property.
Incapacity Planning
A trust provides a structured plan for managing your assets if you become incapacitated. The successor trustee you designate can immediately step in and manage your assets according to the trust’s terms, without needing a court’s intervention.
No, trusts aren’t just for the wealthy. Whether a trust is right for you has much more to do with handling your affairs with privacy, ease, and providing protection to your family thank it does with how much wealth you have.
A Revocable Living Trust (RLT) helps families of all income levels by ensuring a smooth transfer of assets, maintaining privacy, and providing protections for children or beneficiaries. Whether you have a home, savings, or sentimental assets, a trust can help you secure your legacy efficiently and affordably.
After your death, the revocable living trust becomes irrevocable (meaning that the trust can't be changed or withdrawn and your assets will be passed according to the plan of distribution you have chosen). The successor trustee you designated will manage and distribute the trust assets according to your instructions. This process avoids probate and can provide a smoother transition for your beneficiaries.
Yes, you can be the trustee of your own revocable living trust while you are alive and capable. This allows you to retain control over the assets in the trust. You would appoint a successor trustee to manage the trust after your death or if you become incapacitated.
A revocable living trust is a legal (RLT) arrangement where you transfer your assets into a trust that you control during your lifetime. You can change or revoke the trust at any time while you're alive. Upon your death, the trust assets are distributed according to your instructions, without the need for probate.
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No, a Revocable Living Trust (RLT) will not protect your house and savings from Medicaid because assets in the trust are still considered available resources for Medicaid eligibility.
To protect assets from Medicaid, you may need a specialized, irrevocable Medicaid Asset Protection Trust (MAPT). If Medicaid planning is a concern, it's best to plan early and consult an estate planning attorney to explore the right strategies for your situation.
We offer Medicaid planning at Ohio Heritage Law and would be happy to help you.
A Medicaid Asset Protection Trust (MAPT) is a powerful estate planning tool designed to protect your assets—such as your home and savings—from being spent down on long-term care costs. If you’re concerned about nursing home expenses and want to preserve your assets for your loved ones, a MAPT may be the right solution.
Want to learn more about how a MAPT works and why it’s beneficial? Watch this short video for an easy-to-understand explanation:
https://youtu.be/sgjDB8IS3JM?si=Ad21i0Gr3rQ5KUdW
Since Medicaid has strict eligibility rules, early planning is key. If you’d like to explore whether a MAPT is right for your situation, we’re happy to help.
Unlike a will, which goes through probate before assets are distributed, a revocable living trust allows for the direct transfer of assets to beneficiaries without probate. A trust can also provide management of assets if you become incapacitated, while a will only takes effect after your death.
It’s a fair question—and one we hear often.
At Ohio Heritage Law, we understand that estate planning is a personal and sometimes emotional decision, and cost is naturally a part of that conversation. That’s why we approach every client relationship with clarity, transparency, and a commitment to real value.
Before we recommend any service or quote a fee, we look at whether we can truly make a difference for you and your family. For most of our clients, the value we provide falls into one or more of these key areas:
Peace of Mind – Knowing your plan is complete, legally sound, and tailored to your unique needs.
Protection – Safeguarding your home, savings, and the people you love from unnecessary risks, taxes, or court involvement.
Clarity and Control – Helping you make informed decisions now so your wishes are honored later.
Support for Loved Ones – Making things as simple as possible for the people who may one day need to act on your behalf.
Education and Empowerment – Explaining your options in plain language, so you feel confident—not overwhelmed—by the process.
We don’t sell documents. We build plans. And we don’t recommend anything unless it fits your life, your goals, and your values.
That’s why we offer a free consultation—to get to know you, learn about your priorities, and determine whether moving forward makes sense for you. If we don’t believe we can add value, we’ll tell you that. No pressure. No surprises.
You can order a certified copy of your loved one's death certificate by contacting the Ohio Department of Health or the county health department where the death occurred. You can also download an application for a certified copy of the death certificate here.
In Ohio, you can designate a Transfer on Death (TOD) beneficiary for a vehicle that you own outright (without a lien). This ensures that it passes directly to your chosen beneficiary without going through probate. You will need to complete BMV Form 3811 and bring your current vehicle title and valid government-issued photo ID to your county's title office. The fee varies slightly by county, but usually costs around $15.00.
If your loved one has passed away and you’re unsure whether they had a Last Will & Testament, here are some steps to help you find out:
If you cannot locate a will, your loved one’s estate may need to go through Ohio’s intestacy laws, which determine how assets are distributed when someone passes away without a will. If you need guidance on what to do next, we’re here to help.
The information provided on this website is for general informational purposes only and does not constitute legal advice. Visiting this website or contacting Ohio Heritage Law LLC through this website does not create an attorney-client relationship. You should not act or rely on any information provided without seeking professional legal advice tailored to your specific situation. Ohio Heritage Law LLC does not accept representation of clients without a formal client engagement agreement. Please do not send any confidential information to Ohio Heritage Law LLC until an attorney-client relationship has been established.