Metz, Bailey & McLoughlin, LLP: Westerville Estate Planning Attorney FindLaw IM Template 2026-09-10T15:33:27Z https://www.metzbailey.com/feed/atom/ WordPress On Behalf of Metz, Bailey & McLoughlin, LLP <![CDATA[How to prepare a probate inventory in Ohio]]> https://www.metzbailey.com/?p=49692 2026-09-10T15:33:27Z 2026-09-10T15:33:27Z Identify the probate assets Start by identifying the property that falls under probate administration. This generally includes real property located in Ohio along with tangible and intangible personal property that you need to administer and that has come to your possession or knowledge. You may need to review records and accounts to locate items such as:
  • Real estate
  • Bank and investment accounts
  • Personal property
  • Other assets subject to probate
Not everything the deceased owned necessarily belongs on the inventory, so pay attention to how each asset passes after death.

Determine the assets' values

You generally must report each asset's value as of the date of death. Ohio law does not require a separate appraisal for an asset with a readily ascertainable value, but you still must include it in the inventory. For property that requires an appraisal, work with the appropriate professional to establish its value rather than relying on an estimate.

File the inventory on time

You generally must file the inventory with the probate court within three months after your appointment as executor or administrator. The court may grant an extension when you can show good cause. Missing this deadline can create an avoidable problem during estate administration, so keep track of the filing date from the beginning.

Account for specific estate property

Ohio law also requires the inventory to address certain financial interests connected to the estate. Depending on the circumstances, you may need to report securities, debts owed to the deceased, accounts receivable and money that has come under your control. The inventory also must state whether, to the extent you can determine, an Ohio estate tax return will need to be filed.

Report newly discovered assets

Finding another asset after filing the original inventory does not mean you have missed your only opportunity to report it. Ohio law requires you to file an itemized report of newly discovered assets with an estimated value within 30 days. You must then administer, account for and distribute those assets in the same manner as other estate property.

Get the inventory right from the start

Preparing an accurate inventory requires more than making a quick list of property. Going through the estate's records carefully and addressing unusual or difficult-to-value assets early can help prevent problems later. If you have questions about what belongs in the inventory or how to value a particular asset, reviewing the estate with an attorney can help you determine the appropriate next steps.]]> 0 On Behalf of Metz, Bailey & McLoughlin, LLP <![CDATA[Do you need a living will in Ohio?]]> https://www.metzbailey.com/?p=49687 2026-08-31T18:49:44Z 2026-08-31T18:29:22Z What is a living will? A living will guides healthcare decisions when you cannot communicate your wishes. Under Ohio law, it becomes active if you face a terminal condition or permanent unconsciousness without a prospect of recovery. This legal document specifies your choices regarding medical interventions, such as life support, breathing devices and feeding tubes.

How can it help you and your family?

With the help of this document, you can personally stay in control of your own healthcare choices. Without it, doctors and hospitals must follow strict Ohio laws to decide which family members make choices for you. Sometimes, family members deeply disagree on what is best, which may cause painful arguments during a stressful time. By writing your wishes down, you make the decisions that are harder for your loved ones.

How a legal guide may help

State laws enforce strict signature requirements to ensure this paperwork is legally valid. Under Ohio law, for example, your signature must be witnessed by either a notary public or two eligible adult witnesses who are not related to you by blood, marriage or adoption, and are not serving as your attending physician or nursing home administrator. To tackle these requirements seamlessly, working with an experienced estate planning attorney is a wise decision.]]> 0 On Behalf of Metz, Bailey & McLoughlin, LLP <![CDATA[Can city officials use personal phones for public business?]]> https://www.metzbailey.com/?p=49682 2026-08-14T08:33:19Z 2026-08-14T08:33:19Z Picture a council member texting a colleague about an upcoming zoning vote while making dinner at home. It feels private, yet that message may belong to the public as much as one typed on a city computer. In Ohio, that distinction has little to do with which phone you hold. Here is what local officials should know before hitting send.

What counts as a public record in Ohio

Ohio's public records law does not care whether a message sits on a city server or a personal cell phone. Instead, how the law defines records focuses on content and function, not the device involved. If a text, email or voicemail documents the decisions, policies or daily operations of a public office, it generally qualifies as a public record. There is a limit. Purely personal messages unrelated to government business fall outside the definition. A note to your spouse about weekend plans is not a public record just because you sit on a board. What matters is the subject, not where the message lives.

Why a personal phone offers no shield

You might assume that using a private device keeps your work messages out of reach. Ohio courts have rejected that idea, treating work-related texts and emails the same way whether they come from a government account or a personal one. A public records request can still reach them. Deleting the messages does not help either. Erasing public records outside an approved retention schedule is its own violation. Because these situations move fast, public bodies often turn to attorneys who handle municipal legal matters before a dispute develops.

Habits that keep public business transparent

A few simple practices go a long way. Keep official conversations on official channels, which keeps records easy to find and preserve. Avoid messaging apps that erase content automatically, such as Signal, WhatsApp and Snapchat, which the state's Sunshine Laws manual now warns against for public business. If work lands on your personal phone, forward a copy you can keep. Training helps too. Ohio requires elected officials or their designees to complete open-government training at least once each term, and those free sessions explain how the rules work.

What officials can do before the next request

The safest assumption is that any message about city business could become public, whatever phone sent it. That does not mean every text is a record, but guessing wrong risks both compliance and public trust. The clearest way to stay ahead is a written communications policy naming which channels officials should use and how to preserve what they send. Adopting that policy now and revisiting it as technology shifts gives officials confidence long before anyone files a request.]]> 0 On Behalf of Metz, Bailey & McLoughlin, LLP <![CDATA[Discussing family heirlooms in your estate plan]]> https://www.metzbailey.com/?p=49672 2026-07-30T18:36:56Z 2026-07-30T18:36:56Z When making an estate plan, it is very natural to think of your most valuable assets first, at least from a financial perspective. Maybe you own stocks, bonds or other investments. Perhaps you have extensive savings. Maybe you need to figure out how you are going to pass valuable real estate, like a home or a vacation property, on to the next generation. It is good to include these things in your estate plan, and it can be a viable place to start. You need to make important decisions about big assets, which can limit conflicts between family members. But at the same time, do not forget your family heirlooms or the relatively minor assets that you own that have sentimental value to the beneficiaries. Even without significant financial value, these can cause disputes.

Why are these disputes difficult to solve?

Disputes about family heirlooms often revolve around sentimental value and nostalgia. It is an emotional time when a parent passes away, and adult children may have a connection to things like book collections, artwork, home furnishings or even sets of dishes or jewelry collections. When there is an emotional connection, it can be difficult to resolve these disputes because both people want the exact same item. With financial assets, the easiest resolution is usually just to split them up in a fair way. But if two people want the same artwork from their parents' home, it cannot be divided. Moreover, because these heirlooms often do not have much financial value, beneficiaries are less likely to agree to sell them and split up the money that they earn. After all, their connection is to that specific item and the memories of their parents that are related to it, so they are not just trying to seek financial gain.

Drafting your estate plan

It can be helpful to talk with beneficiaries about family heirlooms in advance and incorporate them into your estate plan. Just know what legal steps you need to take to help things go smoothly and reduce the odds of a dispute.  ]]> 0 On Behalf of Metz, Bailey & McLoughlin, LLP <![CDATA[How can you disinherit someone?]]> https://www.metzbailey.com/?p=49670 2026-07-22T16:14:57Z 2026-07-22T16:14:57Z To disinherit someone with your estate plan, it is best to take direct steps to do so. Parents are sometimes tempted just to leave a child out of the will, for example, evenly distributing all of their assets to that child's siblings. They believe this is enough to show that one child should not receive anything. But the problem with doing this is that it can sometimes lead to estate disputes. That child may claim that the will was forged or altered to remove them. They may claim that undue influence was involved on the part of the other siblings. Or they may simply say that they believe they were accidentally left out of the estate plan and that their parent intended to leave them an inheritance.

How can you make your intentions clear?

The easiest way to make your intentions clear is simply to directly name the person you want to disinherit in your estate plan. You can then indicate that you do not want them to receive anything from your estate.  This does not have to be a complex portion of the estate plan, and you are not required to provide your reasoning or explain your decision. But by naming them directly, there is less room for disagreement after you pass away. Another potential option is to leave them a minimal inheritance. Some people will leave an adult child just a single dollar, for example. This does make your intentions clear and shows that the person was not forgotten. However, a minimal inheritance is not necessary, as you can simply state that they should receive nothing. Disinheriting someone is a major decision during estate planning. Be sure you know what legal options you have and what steps you will need to take.

]]> 0 On Behalf of Metz, Bailey & McLoughlin, LLP <![CDATA[What happens to debt during estate administration?]]> https://www.metzbailey.com/?p=49667 2026-07-09T14:41:19Z 2026-07-09T14:41:19Z Outstanding 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.  ]]> 0 On Behalf of Metz, Bailey & McLoughlin, LLP <![CDATA[What happens if you die without an estate plan in Ohio?]]> https://www.metzbailey.com/?p=49665 2026-07-01T23:10:52Z 2026-07-01T23:10:52Z How 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.]]> 0 On Behalf of Metz, Bailey & McLoughlin, LLP <![CDATA[Incorporating a spendthrift trust into your estate plan]]> https://www.metzbailey.com/?p=49663 2026-06-28T03:10:38Z 2026-06-28T03:10:38Z One 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.]]> 0 On Behalf of Metz, Bailey & McLoughlin, LLP <![CDATA[What should you consider when naming an estate administrator?]]> https://www.metzbailey.com/?p=49661 2026-06-15T20:06:36Z 2026-06-15T20:06:36Z administrator 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.]]> 0 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