Metz, Bailey & McLoughlin, LLP: Westerville Estate Planning AttorneyFindLaw IM Template2026-07-09T14:41:19Zhttps://www.metzbailey.com/feed/atom/WordPressOn Behalf of Metz, Bailey & McLoughlin, LLP<![CDATA[What happens to debt during estate administration?]]>https://www.metzbailey.com/?p=496672026-07-09T14:41:19Z2026-07-09T14:41:19ZOutstanding debts still have to be paid during estate administration. This is a task that is often handled by the estate administrator.These debts will look different from one case to the next. Many people have credit card debt, for example, or outstanding car loans or home mortgages. Others may simply owe tax debts to the government, such as property taxes or income taxes.Just because someone passes away does not mean that all these debts are automatically forgiven. The person's estate still owes the outstanding balance, in most cases. The estate administrator can take funds from the estate, communicate with creditors and pay their claims prior to distributing the remaining funds to the beneficiaries.
Debt is not inherited
One key thing for beneficiaries and heirs to remember is that debt is not directly inherited. If a person's parent passes away with $10,000 in credit card debt, that person is not responsible for paying it back on their parent's behalf.However, because money from the estate has to be used to address the debt, it can reduce the total value of that estate. The aforementioned $10,000 will be paid out before the beneficiary receives their inheritance, for instance, so they may receive less than they would have otherwise.
Navigating estate administration
Paying debts and communicating with creditors are just a few of the tasks that will be given to the estate administrator. It is important for them to understand their legal obligations and the steps they still need to take, which is when it can help to work with an experienced estate administration attorney.
]]>0On Behalf of Metz, Bailey & McLoughlin, LLP<![CDATA[What happens if you die without an estate plan in Ohio?]]>https://www.metzbailey.com/?p=496652026-07-01T23:10:52Z2026-07-01T23:10:52ZHow Ohio distributes your property
If you die without a valid will, Ohio's intestacy laws determine who inherits your probate assets. The distribution depends on your surviving family members and may differ from what you intended.
Your estate may pass to:
Your surviving spouse
Your children or other descendants
Your parents
Your siblings
More distant relatives if no closer heirs survive
The exact distribution varies based on your family situation. For example, a surviving spouse does not always inherit the entire estate, particularly if you have children from another relationship.
What property passes through probate?
Not every asset becomes part of your probate estate. Probate applies to property that you own individually without a designated beneficiary.
Assets that commonly pass through probate include:
Real estate titled solely in your name
Individual bank accounts
Vehicles titled only in your name
Personal belongings
Other individually owned property
By contrast, assets with named beneficiaries or rights of survivorship, such as many life insurance policies, retirement accounts and jointly owned property, often transfer outside probate.
Who makes decisions for your estate?
Without an estate plan, you cannot choose the person who administers your estate. Instead, the probate court appoints an administrator to gather assets, pay debts and distribute the remaining property according to Ohio law.
If you have minor children, the court may also need to appoint a guardian if no surviving parent is available. By creating an estate plan, you can express your preferences instead of leaving those decisions to the court.
Why an estate plan matters
An estate plan gives you greater control over what happens after your death. It allows you to:
Decide who inherits your property
Name an executor to manage your estate
Nominate a guardian for minor children
Reduce confusion and family disputes
Create a smoother probate process for your loved ones
Even a basic estate plan can provide clarity and help your family avoid unnecessary complications.
Why legal guidance is important
Every family has unique financial circumstances and estate planning goals. An experienced Ohio estate planning attorney can help you create a plan that reflects your wishes, protects your assets and complies with state law.
Taking the time to prepare an estate plan today can provide peace of mind and make the legal process much easier for the people you care about most.]]>0On Behalf of Metz, Bailey & McLoughlin, LLP<![CDATA[Incorporating a spendthrift trust into your estate plan]]>https://www.metzbailey.com/?p=496632026-06-28T03:10:38Z2026-06-28T03:10:38ZOne of the challenges that can stymie Ohio residents who are doing or updating their estate plans is how to protect future beneficiaries from the problems sudden wealth can present to people.
Ideally, your proposed beneficiaries will be well-equipped to manage and use the funds in the trusts you’re providing them. But that is unfortunately not always the case. In those circumstances, it’s possible to add some protective “guardrails” to your estate plan.
Would a spendthrift trust be a good fit?
For some Ohio estate planners, spendthrift trusts are ideal vehicles to disburse funds to beneficiaries at preset schedules and/or amounts. This way, the trust principal remains secure and inaccessible to all but your preselected responsible trustee.It works well for beneficiaries who lack the fiscal management skills to oversee the trust or who may suffer from addictions or have questionable spouses, friends or associates. The funds are protected and disbursements are issued according to the terms set by the funder.
Other potential situations
Do you have a loved one who is in the medical or legal fields? If so, their chosen careers could make them far likelier than most to wind up as defendants of lawsuits. Spendthrift trusts protect the principal from being attached by the courts to satisfy settlements or judgments.
Put professionals at the helm
Selecting a trustee to oversee your beneficiary’s funds is an important decision that can have far-reaching implications. If you choose the beneficiary’s relative, it could have a negative effect on their relationship.That’s the last thing that you want happening. By expressing your concerns and wishes with an estate planning professional, you can leave a lasting legacy for those you leave behind.]]>0On Behalf of Metz, Bailey & McLoughlin, LLP<![CDATA[What should you consider when naming an estate administrator?]]>https://www.metzbailey.com/?p=496612026-06-15T20:06:36Z2026-06-15T20:06:36Zadministrator of your estate.
The estate administrator (often known as the executor) is responsible for gathering your assets, notifying beneficiaries, paying debts, taking care of paperwork and distributing assets. These are important responsibilities, so it’s critical that the person is ready and able to handle them when you pass away.
What qualities are valuable in an administrator?
Estate administrators should be organized, reliable and able to communicate well. They should also be able to handle finances in a responsible manner. Many of the tasks they must handle require them to understand applicable laws and apply them to the estate.
The estate administrator should also be trustworthy since they’re dealing with financial records and accounts. They may also be privy to sensitive family information, so they should be able to uphold confidentiality. Your estate administrator may have to handle complicated family relationships. It’s important that they be able to remain calm and treat everyone respectfully.
The location of the estate administrator is also important because some responsibilities need to be handled in person. For example, they may have to go into banks or appear in court. These are much easier if they live in the area. It’s possible for a person who lives out of the area to be an estate administrator, but it can be challenging.
Having experienced estate planning guidance can help you make the best decisions as you choose your administrator and others who will have fiduciary duties.]]>0On Behalf of Metz, Bailey & McLoughlin, LLP<![CDATA[Your estate plan outlines your wishes]]>https://www.metzbailey.com/?p=496592026-06-01T17:43:57Z2026-06-01T17:43:57ZCreating an estate plan is one option that you have for letting your loved ones know your wishes for your property, and in case you become incapacitated. When it comes to your property, having everything written out as comprehensively as possible is beneficial.
By putting everything in writing, you can reduce the risk of someone claiming that you had different plans. This is important for family property, such as family homes, farmland, heirlooms or business interests.
Why would family members fight over an estate?
There are several reasons why family members would fight over an estate. In some cases, the emotional tie to the property is the cause, but it’s equally possible that money is the motivation for the fight. These are more likely to occur if they had different expectations than what you have in your plan. It’s often beneficial to have a discussion with your loved ones about your estate plan before you pass away. This gives them a chance to ask you questions about your plan and get clarifications about anything confusing. That may prevent the battles over your estate after you pass away.
What should you consider as you’re creating your estate?
Making the decisions about who will get what is highly personal, so you have to make those hard decisions yourself. As you’re creating the estate plan, take the time to ensure that you have the documentation and paperwork in order. Part of estate planning means preserving records, such as deeds, titles, insurance policies, tax records and financial account information. Estate plans can be rather complex, so it’s typically best to work with someone familiar with these matters so they can assist with getting everything together. Ultimately, you need your wishes presented in a legally enforceable manner.
]]>0On Behalf of Metz, Bailey & McLoughlin, LLP<![CDATA[Are you able to include pets in your estate plan?]]>https://www.metzbailey.com/?p=496562026-05-18T06:31:02Z2026-05-18T06:31:02ZA gap in estate plans
Without written instructions or a designated caregiver, a pet's future can become uncertain during the probate process. Animals in this situation sometimes end up at shelters, while others are passed informally to relatives who may not have the space, resources or willingness to take them in.
Ohio's legal tools for pet protection
One common option is to include a pet care provision in a will. This allows you to name someone to receive your pet upon your death and to leave a sum of money for the animal's care. The downside is that the named person is not legally bound to spend those funds on the pet or to follow any care instructions once the estate has been settled.
A pet trust offers a more detailed and enforceable alternative. Under state law, you may create a trust dedicated to the care of an animal that is alive during your lifetime. The trust stays in effect until the pet dies or, if it covers multiple pets, until the last surviving pet passes away.
This type of trust also allows you to include specific instructions addressing food preferences, veterinary schedules, living conditions and daily routines. It separates the financial management role, handled by a trustee, from the caregiving role, which adds a layer of accountability that a standard will provision does not provide.
Furthermore, state law includes an enforcement mechanism for these trusts. Loved ones who has an interest in the animal's welfare may ask the judge to select an enforcer or to remove a trustee who is not meeting their duties.
Important factors for your arrangement
The right approach often depends on your pet's species, age and expected lifespan. A younger animal or one with many years ahead may benefit from the ongoing structure of a trust. A simple will provision may work better for an older pet or a less complex setup.
Picking the right people is just as important as the legal structure itself. Your trustee should be someone who can manage funds well, and your caregiver should be someone your pet already knows.
An estate planning attorney can help you decide which option fits and draft the right documents. Pet trusts involve specific legal steps, and working with a professional may prevent errors in your plan.]]>0On Behalf of Metz, Bailey & McLoughlin, LLP<![CDATA[What to know if you’re leaving an inheritance to your caregiver]]>https://www.metzbailey.com/?p=496542026-05-18T02:55:45Z2026-05-18T02:55:45ZIf one of your goals this year is to finally put an estate plan in place, you’re likely thinking about who, beyond your family, you want to leave some assets. If you’re a senior living on your own, you may have a caregiver who visits regularly to help you out with things you can no longer do on your own. It’s natural that you have grown fond of them and may be considering including them in your will.
You have every right to do that. However, it’s important to take steps to help ensure that the inheritance won’t be challenged in court by your family. Because of unfortunate cases where caregivers (even relatives) have taken advantage of older people to pressure them or even engage in fraud to get themselves a substantial inheritance and/or a fiduciary role over their estate plan.That’s why, when family members of a deceased person challenge a caregiver’s inheritance, courts often put the responsibility on the caregiver to prove that the deceased did knowingly and legitimately include them – meaning they have a “rebuttable presumption” that they are guilty of fraud or undue influence. Multiple Ohio courts have applied this rebuttable presumption in rulings on will challenges.
How to prevent challenges to your will
When creating your estate plan, you can take steps to prevent a battle between your family and your caregiver after you’re gone. Let’s look at just a few.First, it’s important to let your loved ones (at least your chosen executor) know that you’re leaving your caregiver an inheritance. This might not be an easy conversation, but at least they’ll know the decision was yours.Second, it’s important to codify the inheritance in your will, living trust or other estate plan document. Don’t just promise your caregiver they will receive something. Even if your family promises to, they have no obligation to do so if it’s not properly detailed in your estate plan. Also, don’t tell your caregiver (or anyone) they can take something after you’re gone. People can’t just take from the estate after someone dies.You may choose to give your caregiver an inheritance while you’re still around. If it’s something you can afford to part with, that’s fine. However, if it’s anything of value, tell your family – or better yet, put it in writing with your estate plan -- so your caregiver isn’t accused of stealing.Another way to help your family have confidence that the wishes laid out in your estate plan are indeed yours and that you aren’t being unduly influenced or tricked is to partner with an experienced legal professional to create your estate plan. This can go a long way to minimizing or eliminating conflicts and challenges after you’re gone.
]]>0On Behalf of Metz, Bailey & McLoughlin, LLP<![CDATA[Why is digital estate planning important?]]>https://www.metzbailey.com/?p=496512026-05-04T11:20:17Z2026-05-04T11:20:17ZWhen you think about estate planning, your physical assets like homes, bank accounts, investment accounts and other personal property may come to mind. But those aren’t the only assets that you need to consider when you’re creating an estate plan.
You also have to include digital assets in your estate plan. This includes things like cloud storage, emails, social media, cryptocurrency wallets, online banking access, subscriptions, loyalty points and photo libraries. All of these accounts can contain valuable or sensitive information, which means you should designate a beneficiary for each of them.
What should you include in a digital estate plan?
A digital estate plan enables you to determine who will have access to your digital assets. It can give your loved ones a clear account of what accounts you have and how to access them. This won’t give them access to your accounts while you’re alive, but you can provide them with the passwords after your death. Without having clear instructions, family members may not know where to find records or how to access these accounts. It’s important to keep account, username and password information updated so the intended individuals can access them when necessary. In some cases, password managers can be useful for keeping track of everything in digital estate planning. Some platforms have legacy tools, which can also be useful if you want to ensure the intended person gets access to your accounts after you pass away. The information entered into the platform should match the information in your estate plan. Because estate planning is complex, it’s crucial that you work with someone familiar with your wishes. This ensures your loved ones have a solid path to follow when you pass away.
]]>0On Behalf of Metz, Bailey & McLoughlin, LLP<![CDATA[How often should you update your estate plan?]]>https://www.metzbailey.com/?p=496492026-04-21T13:58:22Z2026-04-21T13:58:22ZCreating an estate plan is an important step toward protecting your family in the event of your death or incapacitation. But it’s not something you should put in a safe place and forget about.
Life evolves, laws change and your financial situation can shift over time. Keeping your estate plan up to date helps ensure your final wishes are honored.
Peace of mind through regular updates
Some situations should trigger you to revisit your estate plan right away. Marriage or divorce can significantly alter how you want your assets distributed or who will serve as your power of attorney. The birth or adoption of a child is another important milestone that often leads people to designate beneficiaries or name guardians.Financial changes also matter. If you acquire significant assets or start a business, you should adjust your plan accordingly.Relocation is another key factor. Moving to or from Ohio may require your estate plan to be reviewed to ensure it complies with state-specific laws.Federal and state laws can change in ways that affect your estate plan. Currently, Ohio doesn’t impose a state estate tax. However, federal estate tax exemptions do shift over time. Updates to laws governing trusts, gifting and probate procedures can also affect how your plan operates.It’s also important to revisit the people named in your estate plan. Over time, the people you selected as executor, trustee, or power of attorney may no longer be the best choice due to age, health, location or changes in your relationship.You should also review your beneficiaries to ensure they still reflect your wishes.Outdated beneficiary designations can result in some of your assets going to people who are no longer in your life.Keeping your estate plan current is one of the best ways to protect your family. If it has been several years since youreviewed your estate plan, or you experienced a major life event, consider taking the time to revisit your documents. A legal professional can help you make updates and ensure your plan is still effective.]]>0On Behalf of Metz, Bailey & McLoughlin, LLP<![CDATA[Should you create an estate plan if you only have debt?]]>https://www.metzbailey.com/?p=496472026-03-31T14:55:04Z2026-04-02T14:52:34ZDebt does not simply disappear
When you pass away, your estate addresses any remaining obligations and debts generally do not transfer to your family. However, creditors have the right to receive notice of your death and formally request payment from your estate.
Even if your estate holds no assets, your family may still need to go through probate to identify your debts and confirm that nothing is available to satisfy creditor claims. While your family does not assume personal liability, they may spend time and resources navigating the legal steps required to close your estate.
Your future, your plan
Estate planning goes beyond the distribution of wealth. It allows you to choose who will make decisions when you cannot, and set expectations for how they should manage your affairs.
Without clear direction, your loved ones may need court approval before making even basic decisions, which can limit their ability to respond effectively in urgent situations.
Small steps can make a big difference
Even without assets, a basic plan can establish authority and provide direction. This often includes a few key documents:
Will: Names an executor to manage your affairs
Health care directive: Outlines your medical preferences
Power of attorney: Authorizes someone to act on your behalf
These documents give your loved ones defined authority so they can act without delay or unnecessary legal barriers.
Planning is about control, not just wealth
Estate planning is not only about what you leave behind. It allows you to determine who will act for you and how they should carry out your wishes. Without a plan, those decisions shift to the court or fall on family members who may not know your preferences.
Even a basic plan allows you to define roles, set expectations and reduce uncertainty. It gives you meaningful control over how matters unfold, even when you have little to pass on.]]>0