Rapier & Bowling Co., LPA Rapier & Bowling Co., LPA2026-09-30T19:22:48Zhttps://www.rapierbowling.com/feed/atom/WordPress/wp-content/uploads/sites/1402350/2020/10/cropped-rapier-bowling-site-icon-32x32.pngOn Behalf of Rapier & Bowling Co., LPA<![CDATA[Can you divide your estate without dividing the family farm?]]>https://www.rapierbowling.com/?p=478192026-09-30T19:22:48Z2026-09-30T19:22:48ZFor many Ohio families, farming is just “in their blood” and part of their identity. The family farm isn’t just a piece of property – it’s also a primary source of income and a physical representation of decades of hard work.
This can create some difficult issues when it comes to estate planning when you have more than one child. How do you keep things fair when you divide your estate without cutting the farm into pieces and diminishing the legacy of generations?
Equal and fair aren’t always the same thing
If you try to leave your estate to your children in equal shares, that can get messy – fast. If you have three children, for example, what happens if two want to sell their shares for the cash and the other wants to work the land? The child who wants the farm may not be in the financial position to buy the others out. By trying to keep the farm intact, you could end up dividing your family.It’s often wisest to look at other ways to balance the scales. Life insurance, for example, may provide cash for two of your children, while you leave the farm to the one that wants to keep it. If the assets are comparable, that may be the truly fair option. Another option is to consider arrangements that allow the child who wants the farm to buy out their sibling’s shares over time, rather than requiring an immediate purchase. A trust or business succession plan (if the farm operates through an LLC, partnership or corporation) can help keep ownership together and property in the family while still providing protection for additional beneficiaries. In any estate plan, there are likely going to be things that cannot be divided. It may not even be possible to create perfect equality between your beneficiaries. You have to concentrate on what you believe is fair, rather than focusing on automatic and equal division of your assets. Experienced legal guidance can help you understand all of the options.
]]>On Behalf of Rapier & Bowling Co., LPA<![CDATA[3 ways financial obligations affect probate proceedings]]>https://www.rapierbowling.com/?p=478152026-09-18T22:20:04Z2026-09-18T22:20:04ZDuring probate proceedings, personal representatives, also known as executors, must resolve lingering financial obligations. Debts, end-of-life expenses and even taxes can impact estate administration.
Knowing what to expect during the probate process can help personal representatives limit their risk and more effectively fulfill their duties. How do the financial obligations of the decedent affect estate administration?
1. Increasing communication requirements
Personal representatives often need to advise heirs and beneficiaries of the upcoming probate process. They also generally need to send notice to tax authorities, creditors and other interested parties. Effective communication is a key component of successful estate administration. The more financial obligations there are to address, the more parties that require formal notice.
2. Extending the probate timeline
Creditors have a right to make a claim for payment in probate court. Personal representatives often need to delay the distribution of property to ensure creditors have time to make a claim and that the estate has the resources necessary to compensate them. Under state statutes, creditors generally have up to six months to make claims for repayment, which can delay certain elements of estate administration for half a year or slightly longer.
3. Reducing overall resources
Generally speaking, personal representatives must ensure they cover all necessary financial obligations before they begin distributing resources to heirs or beneficiaries. The more debts and financial obligations the decedent left behind, the less of their estate that passes to their family members and chosen beneficiaries.Understanding how financial obligations affect the probate process can protect personal representatives from direct liability and oversights that could lead to their removal. Legal guidance from an attorney can help people understand probate obligations and fulfill their responsibilities when administering an estate.]]>On Behalf of Rapier & Bowling Co., LPA<![CDATA[Why retirement should come first in divorce asset division]]>https://www.rapierbowling.com/?p=478132026-09-09T13:20:41Z2026-09-09T13:20:41ZWhen emotions drive financial decisions
Attachment to certain belongings feels natural during a divorce. Many people fight to keep the family home or the car because those assets hold personal meaning. However, letting emotions guide these decisions can cost you far more than you may expect. Sentimental value does not support a retirement income.
Appreciating vs. depreciating assets
Some assets grow in value over time, and some do not. A retirement account grows through contributions and compound interest. A car loses value every year without exception. These two assets are not equal, even if their current dollar values match. During property division, the real question is not what an asset is worth today. It is what that asset will be worth when you need it most.
Why retirement accounts deserve priority
Retirement accounts are often the most financially significant asset in a late-career divorce. A 401(k) or pension reflects years of consistent contributions and steady growth. At this stage in life, rebuilding retirement savings is far more difficult than it sounds. This is more evident as you approach retirement age.
How a QDRO protects your share
A Qualified Domestic Relations Order (QDRO) is a legal document that splits retirement account funds between two spouses ending a marriage. Through a QDRO, your portion of the retirement account moves directly into your account without the tax penalties that would apply to an early distribution.
QDROs apply to employer-sponsored plans such as 401(k)s and pensions. Individual Retirement Accounts (IRAs) follow a different process under a transfer incident to divorce.
What counts as marital property
Before any asset can be divided, it must first qualify as marital property. These are assets acquired by either spouse during the marriage. Contributions made while the marriage was active generally fall under this category.
Accurately identifying which portion of a retirement account is marital and which is separate requires careful legal review.
How Ohio divides marital property
Ohio law starts with an equal division of marital property by default. A court will only order an unequal split if equal division would be unfair given the specific circumstances of the marriage. It considers factors such as the length of the marriage, each spouse's financial situation and future earning potential.
Protecting your financial future after divorce
A divorce settlement should not only address what you need today. It should also account for the years ahead. By considering how each asset will affect your financial future, you can make property-division decisions that support the retirement you have spent years preparing for.]]>On Behalf of Rapier & Bowling Co., LPA<![CDATA[Can you change your estate plan during an Ohio divorce?]]>https://www.rapierbowling.com/?p=478112026-09-04T19:00:44Z2026-09-04T19:00:44ZReview your orders carefully before you act
Among other things, the TROs imposed at the beginning of your divorce typically prohibit any voluntary changes to your beneficiary designations on insurance policies and other financial accounts until the court approves or the divorce is final. If you want to make your parents or your children the beneficiaries of your insurance, for example, and you didn’t make the change before your spouse filed for divorce, you’ll have to wait.
However, unless the TRO you are given specifically forbids it, you can (and probably should) change:
Who will be the executor of your estate: If you no longer feel you can rely on your spouse to handle your affairs after your death fairly and according to your wishes, it is time to name someone new.
Who you will designate to have medical power of attorney: You want to designate the person you feel is the most reliable in an emergency, and that is probably not your spouse anymore.
Who receives your personal assets: You may be entitled to make changes to your will that change who will receive your most important personal and sentimental items.
Read your TRO carefully to determine what changes are permissible and what aren’t during this time. Once your divorce is final, Ohio law treats a former spouse as if they died before the testator of a will. However, that does not mean you can simply relax, because that will not affect direct beneficiary designations or payable-on-death designations, such as those on life insurance policies, retirement accounts, bank accounts and more.
If you’re going through a divorce in Ohio, don’t overlook the importance of speaking with an experienced estate planning attorney both while the divorce is pending and after it is over.]]>On Behalf of Rapier & Bowling Co., LPA<![CDATA[Healthcare directives that help guide your medical decisions]]>https://www.rapierbowling.com/?p=478072026-08-18T17:16:11Z2026-08-18T17:16:11ZHealthcare directives help adults prepare for medical decisions during serious illness or incapacity. They outline your personal wishes, name trusted decision makers and reduce stress for your family.
Having clear advance directives empowers your medical team to follow your expressed choices, helping ensure your care aligns with your values.
Healthcare power of attorney
A healthcare power of attorney allows your chosen agent to make medical decisions when you cannot communicate. The document covers treatment choices, facility placement and end‑of‑life care. It must be signed with proper witnessing to meet Ohio requirements. Your family can benefit from knowing who will speak for their loved one during difficult moments.
A living will
A living will outlines your preferences for life‑sustaining treatment if you face a terminal condition or permanent unconsciousness. It directs medical teams on the use of ventilation, nutrition and hydration. The document also guides decisions about comfort or palliative care. A living will works alongside a healthcare power of attorney to create a complete plan.
How they complement one another
Since these directives serve different purposes, understanding how they work together is essential.
Decision authority: A healthcare power of attorney names an agent, while a living will speaks directly for the individual.
Scope of use: A healthcare power of attorney applies during any period of incapacity, whereas a living will applies only in specific medical situations.
Care guidance: A healthcare power of attorney focuses on decision-making, while a living will focuses on treatment instructions.
Using both documents results in a sound and reliable plan for your future care. With proper guidance, advance directives can round out your estate plan and provide peace of mind for you and your family.]]>On Behalf of Rapier & Bowling Co., LPA<![CDATA[AI can only be a starting point for estate planning]]>https://www.rapierbowling.com/?p=478042026-08-10T20:16:13Z2026-08-10T20:16:13ZArtificial intelligence has made it easier than ever to gather information about legal topics, including estate planning. A few prompts can generate explanations of wills, trusts, powers of attorney and other planning tools in seconds. While this technology can be useful when it comes to learning basic concepts and organizing your thoughts, it should be viewed as a starting point rather than a substitute for a personalized estate plan.One advantage of AI is that it can help people identify questions they may not have otherwise considered. For example, it may prompt someone to think about naming guardians for minor children, selecting an executor, updating beneficiary designations or planning for incapacity. It can also provide general overviews of common estate planning documents and terminology, helping people become more informed before meeting with an attorney. However, it is unquestionably limited, and should not be used as a “one-stop shop” as a result.
Treating the limitations of AI seriously is essential
What AI cannot do is understand the unique legal, financial and family dynamics that make the needs of every estate plan different. A blended family, a closely held business, a child with special needs or significant real estate holdings – for example – may require customized planning strategies that generic information simply cannot provide. Even seemingly simple estates may inspire issues that are not obvious without professional legal guidance.Information generated by AI may not reflect a state’s current legal requirements or may omit important exceptions. Relying on incomplete or inaccurate guidance when preparing legal documents can create unintended consequences for loved ones as a result.Estate planning also involves more than drafting documents. Properly funding trusts, coordinating beneficiary designations, considering tax implications and ensuring documents are executed correctly all require careful attention. As you consider your own estate planning needs, think of AI as a brainstorming tool rather than a document preparation service. It can help you organize information, develop questions and better understand the planning process, but it should not make consequential legal decisions on your behalf.]]>On Behalf of Rapier & Bowling Co., LPA<![CDATA[What to do when an executor refuses to serve in Ohio]]>https://www.rapierbowling.com/?p=477952026-07-29T17:58:45Z2026-07-29T17:58:45ZUnderstanding the executor's right to decline
An executor named in a will holds no legal obligation to accept the appointment. The role demands significant time, attention to detail, and personal liability for mistakes. Courts recognize that circumstances change between the time a will is drafted and when the person passes away.
When the named executor formally declines, the probate court first looks to the will for an alternate executor. Many well-drafted wills include a successor nominee for exactly this reason. If no alternate is named, the court appoints someone through a separate process.
Steps the court takes to appoint a replacement
When no willing executor is available, Ohio law establishes a statutory priority for administrator appointments:
Surviving spouse
Next of kin, based on closeness of relation
Creditors or other suitable persons
Ohio probate court resources provide guidance on how this process works at the local level. Courts review each candidate's qualifications and may go beyond the kinship order depending on the circumstances. Factors such as financial responsibility, potential conflicts of interest, and the complexity of the estate all play a role. Beneficiaries may also raise objections if they have legitimate concerns about a proposed administrator's fitness for the role.
Protecting the estate during the transition
The period between an executor's refusal and a replacement's appointment can expose estate assets to risk. Courts may appoint a temporary administrator to secure property, pay urgent bills, and prevent deterioration of assets in the meantime. This interim role carries the same legal responsibilities of loyalty and care as a permanent appointment.
Acting quickly matters. Delays in probate can result in missed tax deadlines, unpaid creditors, and family disputes that are difficult to resolve later. Consulting with a probate attorney in Ohio helps families understand their options and ensures the court receives the documentation needed to move the case forward without unnecessary delay.]]>On Behalf of Rapier & Bowling Co., LPA<![CDATA[The importance of planning for incapacitation before it happens]]>https://www.rapierbowling.com/?p=477932026-07-17T20:42:43Z2026-07-17T20:42:43Zright legal documents in place, your loved ones may have no authority to act on your behalf -- even if they're your spouse or adult child. The law doesn't automatically grant family members decision-making power. They may be forced into a court-supervised process for approval before they can step in.
Reduce the risk of family disputes
When you’re incapacitated without the right legal documents in place, family members may disagree about what decisions should be made or who should have the authority to make them. Your loved ones may have different views about your finances, medical care or personal wishes, which can create tension during an already difficult time.
Planning ahead allows you to choose whom you trust to act for you and provide clear instructions about how you want your affairs handled during incapacitation.
Verbal instructions may fall short
Telling your family what you want in case you become incapacitated isn’t the same as creating legally enforceable instructions. Verbal wishes are easy to forget, difficult to verify and may be disregarded since they carry no legal weight. Formalizing your wishes through legally valid documents helps ensure that your intentions are understood and recognized when the time comes.
Start planning before a crisis occurs
Incapacity is not limited to older adults. Accidents, medical emergencies and unexpected conditions can affect anyone at any stage of life. Creating an incapacity plan while you are healthy allows you to make thoughtful decisions instead of leaving your family to make difficult choices without guidance.]]>On Behalf of Rapier & Bowling Co., LPA<![CDATA[The estate planning mistake that could cost your family property]]>https://www.rapierbowling.com/?p=477902026-08-18T07:36:57Z2026-07-16T07:02:56ZWhat estate planning mistake could cost your family property?You may feel confident that your home, farmland or family property will naturally pass to your loved ones after you are gone. However, that assumption could create unexpected problems. If you only have a simple will or do not have an estate plan at all, you may end up leaving your family with delays, disagreements and expenses.Thoughtful estate planning may help protect the property you worked hard to build while making the transfer process easier for the people you care about.
Why might your property not transfer as easily as you expect?
Many people assume that family members automatically inherit real estate without complications. In Ohio,an estate often goes through probate, which is the court-supervised process of settling an estate, before property transfers to heirs unless another legal arrangement applies. Probate may take time, increase costs and create opportunities for disputes among family members.Ohio's probate laws establish the rules for court-supervised property transfers. Creating a trust may offer an alternative that helps your family avoid some of those court delays in certain situations.
How could a trust help protect your family's future?
A customized trust could do more than transfer property. It may also reduce the risk of conflict and give you greater control over how your assets pass to future generations.Depending on your circumstances, a trust may help you:
Keep certain property outside the probate process
Reduce the risk of family disagreements over ownership.
Protect younger or financially inexperienced beneficiaries.
Support tax planning strategies when they fit your estate.
Every family's goals differ, so one approach may not suit every situation.
Why could local estate planning guidance make a difference?
Estate planning involves more than completing standard forms, especially when Ohio law affects your home, other real estate and how your assets pass to your family. For example, Ohio allows property owners to use transfer-on-death designations for real estate, while the way you hold property with a spouse or another person could also affect what happens after death. A seasoned estate planning attorney can help you evaluate your options and develop an estate plan that reflects your family's priorities while addressing Ohio law. Taking those factors into account may help preserve your property's legacy for the next generation.
Protect the legacy you worked hard to build
Your property may represent years of dedication, sacrifice and family memories. Awell-prepared estate plan could reduce uncertainty and make future transitions easier for your loved ones. Reviewing your plan from time to time may also help you identify gaps before they lead to unnecessary delays or disputes.]]>On Behalf of Rapier & Bowling Co., LPA<![CDATA[Two-thirds of Americans do not have an estate plan]]>https://www.rapierbowling.com/?p=477882026-06-29T14:20:39Z2026-06-29T14:20:39ZStudies 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.
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