Rapier & Bowling Co., LPA Rapier & Bowling Co., LPA 2026-06-29T14:20:39Z https://www.rapierbowling.com/feed/atom/ WordPress /wp-content/uploads/sites/1402350/2020/10/cropped-rapier-bowling-site-icon-32x32.png On Behalf of Rapier & Bowling Co., LPA <![CDATA[Two-thirds of Americans do not have an estate plan]]> https://www.rapierbowling.com/?p=47788 2026-06-29T14:20:39Z 2026-06-29T14:20:39Z Studies have found that only around 33% of Americans have actually written a will or set up an estate plan. The other two-thirds have not yet taken this step, even though many of them will say that they know estate planning is important and they intend to make a plan in the future. But why don’t all Americans at least have a basic will in place? Everyone is going to pass away eventually, and an estate plan can provide important guidance to their family. It can be helpful to consider some of the reasons why people still have not taken this important step.

Misconceptions about age

One potential issue is that people think they do not need an estate plan at a young age. They may be waiting until they are in their 60s or until they retire from their job. They are just procrastinating, which is a risk because they could pass away unexpectedly.

Lack of assets

Some people also claim that they just do not have enough assets or that they think estate planning is only for the wealthy. This is also a misconception because estate plans can deal with medical decisions, inexpensive family heirlooms and other issues that affect those in any income bracket.

Confusion over documentation

Finally, you will find people who say that they know they need to write a will, but they just do not know how. They are unsure what documentation they need. They do not know how to get the process started. For those in this category, it can help to work with an experienced estate planning attorney to evaluate their unique situation, the needs of their family and the options they have to draft an effective estate plan.  ]]> On Behalf of Rapier & Bowling Co., LPA <![CDATA[What happens when a spouse dies intestate in Ohio?]]> https://www.rapierbowling.com/?p=47786 2026-06-12T20:15:44Z 2026-06-12T20:15:44Z Losing a spouse is a life-altering event. Becoming a widow or widower can impact one’s social relationships, financial reality and overall well-being. To add to these burdens is the reality that the law always has something to say when it comes to the property of a recently deceased adult, even if that adult was married at the time of their passing.  If a spouse passes away without a valid will, in Ohio, this situation is known as dying "intestate." When intestacy occurs, state law determines who inherits the deceased person's property. Many surviving spouses assume they will automatically inherit everything, but that is not always the case. Ohio's intestate succession laws establish a specific order of inheritance that depends on the deceased person's family circumstances.

What the law says 

If a deceased spouse had no children or descendants, the surviving spouse generally inherits the entire probate estate. Likewise, if all of the deceased person's children are also the children of the surviving spouse and neither spouse has children from other relationships, the surviving spouse will often inherit everything. If the deceased spouse had children from a previous relationship, those children may have inheritance rights alongside the surviving spouse. Depending on the circumstances, the surviving spouse may receive a portion of the estate, while the remainder passes to the deceased person's children. The exact distribution depends on the family structure and applicable Ohio law. It is also important to understand that not all assets pass through intestate succession. Certain property may transfer automatically outside of probate. Examples can include jointly owned real estate with survivorship rights, payable-on-death accounts, retirement accounts with designated beneficiaries and life insurance proceeds payable to named beneficiaries. Even when a surviving spouse is entitled to inherit a substantial portion of the estate, probate may still be necessary. The probate court oversees the administration process, including identifying assets, paying valid debts and distributing remaining property according to Ohio law. If your spouse has passed away without a will, an experienced Ohio probate legal team can help you understand your rights, navigate the probate process and address any legal issues that arise. Proper guidance can help to better ensure that the estate is administered efficiently while protecting your interests as well. ]]> On Behalf of Rapier & Bowling Co., LPA <![CDATA[How can you choose an estate executor?]]> https://www.rapierbowling.com/?p=47784 2026-06-04T18:39:41Z 2026-06-04T18:39:41Z Choosing an executor is one of the most important decisions you’ll make when you’re creating an estate plan. This is the person who is responsible for carrying out the instructions you’ll leave in the estate plan.

Understand what an executor does

Before you decide on who should serve as your executor, you should understand the duties of an executor. This person will have to find your assets and beneficiaries. They also have to pay valid debts, communicate with your beneficiaries and handle a host of administrative and financial duties. The right executor is someone who’s organized, trustworthy and willing to handle the responsibility. The individual doesn’t have to be a financial expert, but they should be able to understand basic financial principles. While it’s not necessarily the top consideration, you should also ensure that you choose someone who will be available to handle the probate process. Some tasks have to be handled in person, so it’s usually best if you choose someone who lives near you.

Once you decide on an executor

After you decide who you want to serve as the estate executor, you should talk to them. Let them know that you’re naming them as the executor and find out if they’re willing to take on the responsibility. Naming the executor is only one part of creating an estate plan, but it is an undeniably important one.]]> On Behalf of Rapier & Bowling Co., LPA <![CDATA[Can you stop someone from mismanaging their inheritance?]]> https://www.rapierbowling.com/?p=47781 2026-05-20T14:42:19Z 2026-05-20T14:42:19Z Having worked hard to build up some wealth to pass on to your family, it makes sense that you don’t want to see it wasted. Yet some beneficiaries may not be able to manage an inheritance sensibly. This could be due to their youth, or due to addictions to gambling, drugs or alcohol. It could also be due to a susceptibility to persuasion to part with money by a controlling spouse or because of a cognitive disability.

A trust can provide peace of mind

Placing the money in a trust allows you to significantly reduce the chance that the beneficiary mismanages the assets you leave them. A trustee or set of trustees named by you can provide a level of control over the distribution of the assets, according to rules you set. If the only issue is age, you can set up the trust to release funds at a certain age, or over a series of milestones, such as their 21st, 25th and 30th birthdays. If a propensity to burn through funds is the concern, you can have the trustees only release a certain allowance per month or year. You can, if you like, give the trustees more freedom to decide when money should be released. This can allow your beneficiary to access those funds for a good but unforeseeable reason, such as a great business opportunity or a medical emergency. Others set up the trusts to make certain payments, such as college fees or even to match earnings or pay out differing amounts depending on the grades a person achieves, to encourage them to focus on their studies and career. Learning more about your estate planning options can help you create a plan that will work well for you and all your beneficiaries.]]> On Behalf of Rapier & Bowling Co., LPA <![CDATA[Who Should Be Your Executor/Trustee in Ohio? A Decision Guide (Plus Red Flags to Watch For)]]> https://www.rapierbowling.com/?p=47779 2026-05-12T06:28:37Z 2026-05-12T06:28:37Z Choosing the wrong executor or trustee can delay your estate, drain assets and damage family relationships. Ohio law sets clear standards for this role, and knowing what to look for helps you make a confident choice.

What Ohio law requires

Ohio places legal limits on who may serve. Under Ohio Revised Code § 2109.21, executors and administrators must generally be Ohio residents. A non-resident may serve only if they are related to you by blood, marriage or adoption, or if they live in a state that permits non-resident executors.  The court may also require a bond equal to at least twice the value of the estate's personal property. Anyone with a felony conviction, particularly for financial crimes, may not meet bonding requirements and could be disqualified.

Qualities to look for in a fiduciary

The right person brings more than loyalty. These traits matter most:
  • Trustworthiness: They will access every financial account and asset in your estate.
  • Organizational ability: Ohio requires executors to file an inventory within three months of appointment.
  • Financial competence: They must manage investments, reconcile accounts and file tax returns.
  • Availability: An executor's duties can last one to two years. A trustee may serve for decades.
  • Impartiality: They must act in the best interests of all beneficiaries, even under family pressure.
A professional fiduciary such as a bank or trust company is worth considering when the estate is large or family dynamics are strained.

Red flags that signal the wrong choice

Some warning signs are easy to overlook. Watch for candidates who struggle to manage their own finances or paperwork. A history of conflict with other beneficiaries can lead to costly litigation. Geographic distance creates real obstacles for managing real estate and attending court proceedings. An unwillingness to commit time to the role is a disqualifying factor on its own. Always name at least one alternate. If your primary choice cannot serve, a named successor prevents the court from appointing someone you would not have chosen.

You may talk to an attorney before you decide

The executor or trustee you choose will shape how your estate unfolds. An attorney can help you evaluate your options and document your decision properly.  ]]> On Behalf of Rapier & Bowling Co., LPA <![CDATA[What is an irrevocable trust?]]> https://www.rapierbowling.com/?p=47777 2026-05-06T11:04:53Z 2026-05-06T11:04:53Z People who are creating an estate plan have options for how they transfer assets to their loved ones. One of these options is a trust, which is classified as either a revocable or an irrevocable trust. Some people lean toward revocable trusts because they can be changed. Those individuals may not realize that there are specific benefits that come with irrevocable trusts.  An irrevocable trust can’t be changed or cancelled unless the court or the named beneficiaries agree to the changes. The permanency of this type of trust makes certain benefits possible, so it’s critical to understand how these trusts work. 

What happens when you set up an irrevocable trust?

When you establish and fund an irrevocable trust, the assets in the trust aren’t in your control any longer. Instead, the trustee controls the assets. They are responsible for everything related to the assets until you pass away. Once you pass away, the trustee ensures the assets are handed down to the beneficiaries in the intended manner. 

What are the benefits of the irrevocable trust?

Assets held in a trust can be distributed to the beneficiaries directly because trusts don’t have to go through the probate process. Bypassing trust also means that the beneficiaries will have more privacy since the terms of the trust aren’t part of the court record.  Another benefit of an irrevocable trust is that your creditors can’t stake claim to the assets in the trust. This is only possible because you relinquish control of the assets to the trustee.  It’s critical to understand how to establish a comprehensive estate plan, including a trust. Working with someone who’s familiar with your circumstances may be beneficial as you get everything together.   ]]> On Behalf of Rapier & Bowling Co., LPA <![CDATA[Estate planning for blended families in Ohio]]> https://www.rapierbowling.com/?p=47775 2026-04-26T08:16:43Z 2026-04-26T08:16:43Z Your family might look different than the traditional picture, especially if you and your spouse each brought children into the relationship. While you have likely mastered the daily logistics of a blended household, estate planning in Ohio requires a different kind of intention.  Without a specific strategy, the state’s default laws may not reflect your true wishes. This can leave those you intend to protect in a difficult situation.

Protecting stepchildren under intestate succession rules

If you passed away without a will, Ohio law generally excludes stepchildren from inheriting your assets. To ensure your stepchildren are provided for, you must specifically name them in your legal documents or utilize the "Designated Heir" status.  This status requires a formal appearance before a judge in your local Probate Court with two witnesses to become legally official.

Managing spousal rights and statutory overrides

Ohio law provides spouses with specific protections that can override your will. The law states that a spouse may hold a "dower interest"— a one-third life estate in real property owned during the marriage.  Additionally, Ohio law allows a surviving spouse to "elect" against a will to take one-half (if you have one child) or one-third (if you have two or more children) of your net estate.

Utilizing QTIP trusts to balance family interests

To prevent "accidental disinheritance," in which assets left to a spouse eventually bypass your own children, a person may use a Qualified Terminable Interest Property (QTIP) trust. This specialized trust works in two stages to protect both your spouse and your children:
  • For your spouse: They receive all income generated by the trust assets for the rest of their life and may even live in the family home.
  • For your children: Because your spouse cannot redirect the trust’s "principal" to others, the remaining assets are preserved to pass to your children upon your spouse's death.
By using this structure, you ensure your spouse receives support without risking the legacy you intended for your biological heirs.

Securing a unified legacy for your entire family

Estate planning for blended families is not about choosing between your spouse and your children. It is about using the right legal tools to honor your obligations to both. Moving beyond Ohio's default statutes with a custom strategy can reduce the risk of family disputes and ensure your assets reach the right hands as intended.]]> On Behalf of Rapier & Bowling Co., LPA <![CDATA[How long does probate take in Ohio?]]> https://www.rapierbowling.com/?p=47773 2026-04-06T15:32:12Z 2026-04-06T15:32:12Z What is probate and how does it work? Probate is a legal process in which a court oversees the management and distribution of a deceased person’s assets according to their will or state law. In Ohio, it may proceed as supervised administration with more court oversight, or independent administration with less court involvement. It begins with the executor filing documents with the court, followed by notifying beneficiaries and creditors. The executor must then gather and value property, pay debts and taxes and distribute what remains. Certain assets, such as joint accounts, payable-on-death accounts and some trusts, may bypass probate, which can simplify the administration.

What is the typical timeline of probate?

The timeline can vary based on the size and details of the estate, which typically fall into one of the following categories:
  • Simple estates: Those with few assets, a straightforward will and agreeable beneficiaries may take around six to nine months.
  • Common estates: Those involving multiple accounts, properties or minor administrative complications often take nine to 12 months.
  • Complex or contested estates: Those with family disputes or difficult-to-value assets can take over a year, sometimes extending to two years or more.
While these timeframes provide a general guide, each case may face unique challenges that affect the pace of court proceedings.

What can slow down the process?

Several factors can extend timelines. Some are required by Ohio law, such as the six months creditors have to file claims against the estate and the court review of filings. Others depend on the situation: disputes among beneficiaries, unclear wealth planning documents or an inexperienced executor can slow the process. Small issues, such as tracking down property titles or business records, can delay the distribution by several months. In some cases, court schedules and administrative backlogs may also affect how quickly the case moves forward.

Setting realistic expectations

Knowing the steps of probate and planning ahead can make the process smoother. Staying organized, anticipating challenges and keeping realistic timelines in mind helps reduce stress and ensures the estate is handled efficiently.]]> On Behalf of Rapier & Bowling Co., LPA <![CDATA[4 grounds for a will contest between siblings in Ohio]]> https://www.rapierbowling.com/?p=47771 2026-03-16T15:54:42Z 2026-03-16T15:54:42Z Lack of testamentary capacity A person must be of sound mind and memory to sign a valid will. This does not mean they must be in perfect health. However, they must understand the value of their estate and who their natural heirs are. If a parent suffered from advanced dementia or a severe mental episode when they signed, the document may be invalid. Medical records from the time of the signing become vital evidence in these cases.

Undue influence

This is a very common claim in sibling disputes. Undue influence occurs when someone exerts such extreme pressure that they overpowered the free will of the deceased person. For example, if one sibling isolated a parent and coerced them into changing the will to favor themselves, a court may set that document aside. Mere persuasion or nagging usually does not meet the high legal threshold required for this claim.

Improper execution

Ohio law sets strict standards for signing and witnessing a will. The document must be in writing. The testator must sign it in the conscious presence of two competent witnesses who are at least 18 years old. While these witnesses must sign in the presence of the testator, Ohio law does not strictly require the witnesses to be in the room together when they sign. If the witnesses fail to sign properly or were not truly within the range of the testator's senses, the entire document could fail.

Fraud or forgery

Unfortunately, grief sometimes brings out the worst in people. A challenge may be based on the belief that the signature on the document is a forgery. Because a probated will is initially presumed valid in Ohio, the person making the claim must prove the forgery by a preponderance of the evidence. Additionally, a will can be challenged if it was obtained through trickery. For instance, a sibling might tell a parent they are signing a power of attorney when it is actually a new will.

Protecting the integrity of the probate process

Contesting a will is a difficult task that requires specific evidence. These cases often involve deep family emotions that can cloud judgment. An experienced probate attorney can provide a grounded perspective on these complex family disputes. Seeking legal guidance helps clarify your rights and ensures the process follows the standards of the Butler County Probate Court.  ]]> On Behalf of Rapier & Bowling Co., LPA <![CDATA[Financial POA vs. healthcare representative: Who decides?]]> https://www.rapierbowling.com/?p=47768 2026-03-16T06:20:56Z 2026-03-16T06:20:19Z Estate planning covers more than what happens after death. It also addresses who can make decisions for you if you cannot speak for yourself. Two legal tools handle this issue, but they serve very different purposes. A financial power of attorney and a healthcare representative each control separate areas of authority. Understanding the difference helps you decide who should manage your finances and who should guide your medical care if you become incapacitated.

Financial power of attorney: authority over money and legal matters

A financial power of attorney allows someone you trust to manage financial and legal affairs on your behalf. This person is called your agent. Their authority can cover a wide range of financial responsibilities. Common duties may include:
  • Banking and bill payment: Access accounts and pay regular expenses.
  • Real estate transactions: Buy, sell or manage property.
  • Taxes and investments: File tax returns and oversee financial accounts.
  • Insurance and business matters: Manage policies or company decisions.
Ohio law governs financial powers of attorney under the Uniform Power of Attorney Act. The document must be signed by the principal and acknowledged before a notary public to be valid. In Ohio, a financial POA is durable by default. This means it remains effective even if you later become incapacitated under the Ohio Revised Code §1337.21. A financial agent cannot make medical decisions. Their authority stays limited to money, property and legal matters.

Healthcare representative: authority over medical decisions

A healthcare representative handles medical decisions when you cannot communicate your wishes. This role is also known as a healthcare proxy or healthcare agent. Their responsibilities may include:
  • Treatment decisions: Approve or refuse medical procedures.
  • Doctor and facility choices: Select healthcare providers or facilities.
  • Surgical consent: Authorize procedures or treatment plans.
  • End-of-life decisions: Follow instructions in a living will.
Unlike a financial agent, a healthcare representative usually acts only after a physician determines that you cannot make or communicate medical decisions. Their authority focuses strictly on medical care.

Planning ahead for legal protection

Financial and healthcare powers of attorney work together as part of a complete estate plan. Each document allows you to choose someone to act in a specific role if you cannot act for yourself. Because these documents must meet specific legal requirements, many people choose to discuss their estate planning options with an attorney. A legal professional can help ensure the documents comply with Ohio law and reflect your intentions.]]>