Metz, Bailey & McLoughlin, LLP: Westerville Estate Planning Attorney FindLaw IM Template 2026-06-01T17:43:57Z https://www.metzbailey.com/feed/atom/ WordPress On Behalf of Metz, Bailey & McLoughlin, LLP <![CDATA[Your estate plan outlines your wishes]]> https://www.metzbailey.com/?p=49659 2026-06-01T17:43:57Z 2026-06-01T17:43:57Z Creating 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.   ]]> 0 On Behalf of Metz, Bailey & McLoughlin, LLP <![CDATA[Are you able to include pets in your estate plan?]]> https://www.metzbailey.com/?p=49656 2026-05-18T06:31:02Z 2026-05-18T06:31:02Z A 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.]]> 0 On Behalf of Metz, Bailey & McLoughlin, LLP <![CDATA[What to know if you’re leaving an inheritance to your caregiver]]> https://www.metzbailey.com/?p=49654 2026-05-18T02:55:45Z 2026-05-18T02:55:45Z If 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.  ]]> 0 On Behalf of Metz, Bailey & McLoughlin, LLP <![CDATA[Why is digital estate planning important?]]> https://www.metzbailey.com/?p=49651 2026-05-04T11:20:17Z 2026-05-04T11:20:17Z When 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.   ]]> 0 On Behalf of Metz, Bailey & McLoughlin, LLP <![CDATA[How often should you update your estate plan?]]> https://www.metzbailey.com/?p=49649 2026-04-21T13:58:22Z 2026-04-21T13:58:22Z Creating 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 you reviewed 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.]]> 0 On Behalf of Metz, Bailey & McLoughlin, LLP <![CDATA[Should you create an estate plan if you only have debt?]]> https://www.metzbailey.com/?p=49647 2026-03-31T14:55:04Z 2026-04-02T14:52:34Z Debt 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 On Behalf of Metz, Bailey & McLoughlin, LLP <![CDATA[What are the legal requirements for starting a business in Ohio?]]> https://www.metzbailey.com/?p=49645 2026-03-26T15:56:36Z 2026-03-26T15:56:36Z Register the business Before opening, select a legal structure. While some operate as sole proprietors, many choose Limited Liability Company (LLC) or a Corporation, which can help limit personal liability and protect individual assets. You must register your entity with the Ohio Secretary of State. If you operate under a name other than your legal business name, Ohio law requires you to file a report of a fictitious name or register it as a trade name.

Secure Tax IDs

Businesses generally need a federal Employer Identification Number (EIN) from the IRS to hire staff or open bank accounts. You must obtain a vendor's license from the Ohio Department of Taxation to collect state and local sales tax. Note that while landscaping is taxable, most IT services are now exempt from Ohio sales tax.

Local permits and zoning

Westerville has specific zoning codes for all businesses, including home-based ones. Check compliance with the Westerville Planning and Development Department before launching. For specialized trades, consult the Ohio.gov Licenses and Permits database for necessary credentials.

Meet employer obligations

If you hire employees, Ohio law requires several compliance steps:
  • Workers’ compensation: Obtain insurance through the Ohio BWC before an employee's first day.
  • Unemployment tax: You must register for an unemployment tax account if you pay $1,500 or more in wages in a calendar quarter or employ at least one person for 20 weeks in a year.
  • New hire reporting: Report all new or re-hired employees to the Ohio New Hire Reporting Center within 20 days.
  • Minimum wage: For businesses generating more than $405,000 in annual gross receipts, Ohio law mandates a base pay rate of at least $11.00 per hour for non-tipped staff, taking effect on January 1, 2026.
Fulfilling these initial requirements helps minimize the risk of costly penalties and establishes a strong foundation for maintaining your entity’s good standing with the state.

Building for longevity

Starting a business in Westerville involves key legal steps from entity registration and tax accounts to local permits and employer compliance. Addressing these steps early keeps your business legally compliant and positioned for long-term success.  ]]> 0 On Behalf of Metz, Bailey & McLoughlin, LLP <![CDATA[Checklist for a new chapter: Estate planning after divorce in Ohio]]> https://www.metzbailey.com/?p=49643 2026-03-12T06:05:37Z 2026-03-12T06:05:37Z The end of a lengthy divorce process can feel like a long-awaited fresh start. But as this new chapter begins, it often brings important life changes, including the need to revisit key legal documents. Individuals may assume that their estate plan automatically updates once a divorce becomes final, however, that is not always the case. Certain provisions may be revoked by Ohio law, while others remain in place unless you actively change them. Reviewing your estate plan after divorce can help protect your family, your assets and your peace of mind. 

Revisit your will with Ohio law in mind

Under Ohio Revised Code Section 2107.33, any provision in your will that benefits your ex‑spouse generally becomes void once your divorce is final. However, this does not rewrite the rest of your will or address every outdated provision. Your will may still refer to roles, distributions or assumptions tied to your previous marriage. Creating a new will allows you to clearly outline who should inherit your assets and who should carry out your wishes.

Update beneficiary designations on key accounts

Many assets pass outside of a will. Life insurance policies, retirement accounts and payable-on-death bank accounts transfer directly to the beneficiary listed on the account. Ohio law often treats an ex-spouse as having predeceased the account holder, which can revoke those designations. Still, exceptions may apply, especially with certain retirement plans governed by federal law. Reviewing and updating beneficiary forms with the financial institution helps prevent confusion or unintended transfers.

Replace powers of attorney and healthcare directives

Estate plans may name a spouse as the person authorized to make financial or medical decisions in an emergency. In Ohio, a financial power of attorney that names a spouse generally terminates when the divorce becomes final. However, healthcare directives and living wills may not automatically change. Updating these documents allows you to appoint a trusted individual who can act on your behalf and ensures the authority is clearly defined.

Reassess trusts and successor roles

If you created a trust during your marriage, its terms may still reflect your former spouse’s involvement. Depending on how the trust is written, divorce may revoke certain roles or benefits, but this is not guaranteed. Revocable trusts can often be amended, while irrevocable trusts may be far more difficult to change. An experienced estate planning attorney can help evaluate the trust, explain what provisions still apply and guide you through any necessary updates to trustees, beneficiaries and successor roles.

Review guardianship and minor care plans

If you have minor children, your estate plan may include a nomination of a guardian. In Ohio, a surviving parent with intact parental rights will generally have priority to care for the child. Naming a guardian in your will does not override those rights. Still, this provision remains important because it allows you to name a contingent guardian if both parents pass away or the surviving parent cannot serve. Taking time to revisit these areas helps to make your estate plan reflect your current life.

Taking control of what comes next

Divorce may close one chapter, but it also creates an opportunity to rebuild with intention. Updating your estate plan can provide stability as you move forward. For guidance specific to your situation, consider speaking with an Ohio estate planning attorney. Having the right support can make this process feel far more manageable as you begin your new life. ]]> 0 On Behalf of Metz, Bailey & McLoughlin, LLP <![CDATA[Can you prevent your family members from disputing the will?]]> https://www.metzbailey.com/?p=49622 2026-02-03T12:40:54Z 2026-02-26T12:33:52Z How Ohio manages your instructions In many states, if a beneficiary has a good-faith reason to challenge a will, the court might protect them. In Ohio, this exception does not exist. The courts must enforce the specific intent of the testator, especially if they include a no-contest clause to limit litigation.

How the no-contest clause works

A no-contest clause can result in a forfeiture. It works when the inheritance offered is significant enough to outweigh the potential win of a lawsuit. For instance, a beneficiary with a $50,000 gift faces a massive risk. If they challenge a will’s validity and lose, they forfeit their inheritance. By strategically leaving a substantial inheritance, you force your family members to choose between a guaranteed gift and the high-stakes gamble of a lawsuit. Adding such a clause can keep your loved ones from fighting, especially if there is a history of friction.

Building a foolproof plan

Drafting a will can be challenging and overwhelming because it needs precise language. Seeking assistance from a probate attorney can give you the guidance needed.]]> 0 On Behalf of Metz, Bailey & McLoughlin, LLP <![CDATA[How to handle a sibling who refuses to leave a house]]> https://www.metzbailey.com/?p=49626 2026-02-24T15:06:24Z 2026-02-24T15:06:24Z The authority of an Ohio executor In Ohio, the probate court gives you the power to manage assets. Many people think they cannot act against a family member. However, the probate process must move forward. If the Will grants a power of sale, you generally have the right to sell the home. If there is no Will, you can still sell the property if every heir provides written consent. Without that unanimous agreement, you must file a formal Land Sale action. This is a civil lawsuit within the Franklin County Probate Court or Delaware County Probate Court. A judge then determines if the sale is necessary to pay debts or benefit the estate.

Resolve possession and title disputes

It is usually best to talk things out first. You might offer the sibling more of other assets if they move. If they do not budge, you may need to take legal action to gain possession. While eviction is a common term, the Probate Court often handles these disputes because they involve heirs and inheritance rights. If the house already belongs to multiple siblings after a transfer, the process changes. At that point, any co-owner can file a partition action. Ohio law allows a co-owner to "elect" to buy the property at its appraised value during this process. If no one elects to buy it, the court can force a sale to split the proceeds.

Move the process forward

Every month the house sits with a family member, the estate continues to incur costs for property taxes, insurance and utilities. These expenditures directly diminish the final inheritance for every beneficiary involved. An attorney who understands probate and estate administration can help you choose the correct legal path. Taking the right steps can protect your standing as an executor and ensure the estate reaches a fair conclusion.]]> 0