Estate Planning and Litigation in Dayton

Estate planning involves the preparation for the transfer of a person’s wealth and assets after their death. Assets, life insurance, pensions, real estate, cars, personal belongings, and debts are all part of one’s estate. Estate plans must be written, signed, and notarized by the person who owns the estate.

How Estate Planning Works in Dayton, OH

Many people don’t consider the benefits of estate planning—often assuming that a simple will is more than sufficient when planning for the future. What people forget is that a will is simply a legal document that expresses the decedent’s intentions for burial and to whom they wish to pass property and financial assets (the estate) when they pass on. Beyond that, however, a judge must allow the transfer of those assets from the decedent’s records and accounts to the beneficiary. This procedure is known as probate, and it opens the door for relatives or third parties to contest a will and for a judge to misinterpret the deceased’s wishes—both of which have the potential to tie up an estate in court for years.

Also, probate fees can end up costing you thousands of dollars in executor fees, court fees, recording fees, and attorney fees. In many cases, these fees must be paid as the estate goes through probate, meaning that the heirs will need to come up with the money relatively quickly upon the person’s death. A will also doesn’t eliminate the issue of estate taxes.

Estate planning can help make the process of transferring assets in a manner that befits the deceased’s final wishes easier.

estate planning dayton

What is Estate Litigation?

Estate Litigation is the specialized practice of law involving the resolution and, if necessary, litigation of trust, estate, and protective proceedings.

Estates Litigation proceedings encompass a variety of functions, including conservatorships, guardianships, will contests, claims or defense of claims of breaches of fiduciary duties by trustees and other fiduciaries (e.g., self-dealing, conflicts of interest, breach of trust). Estate Litigation will also aid with accountings, petitions for court instructions, issues of trust modification and reformation, allegations or protection from accusations of undue influence or fraudulent conveyances, and interpretation, advocacy, or defense of testamentary capacity and decedent’s intent.

In addition, the practice of Trusts and Estates includes litigation prevention matters such as review and consultation of the policies, practices, and proposed actions of corporate, charitable, and individual fiduciaries against national or state standards for acceptable fiduciary conduct. This includes the Uniform Prudent Investor Act, Uniform Principal and Income Act, and malpractice standards.

All of these proceedings take place under the auspices of the Probate Codes of the state of Ohio and the nuanced procedures of Ohio’s probate and surrogate courts, which decide nearly all trust, probate, guardianship, and conservatorship matters in the state.

Our Law Firm

Located a short two-hour drive on I-75 from Dayton, OH, we stand ready to provide you with the quality representation you deserve as we have for Dayton residents these past ten years. Our 150 years of combined legal experience in handling the Estate Planning and Litigation needs of our clients demonstrates our commitment and ability to provide Dayton residents with the first-class representation they deserve.

Give us a call, and we would love to get you started in the right direction to devise the best course of action for your unique needs. Need legal counsel in estate litigation? Are you looking to draft a will or a trust? Or are you currently going through the probate process?

No matter what your need, Heban, Murphee & Lewandowsku, LLC is here or you.

About Dayton, OH

Sitting in western Ohio, just north of Greater Cincinnati, Dayton is the state’s sixth-largest city and is the seat for Montgomery County. With a population of over 140,000, Dayton is a research and development leader in such fields as industrial, aeronautical, and astronautical engineering. Dayton also provides vital services in the areas of insurance, healthcare, government, and law.

Dayton is also home to the National Museum of the U.S. Air Force, and its expansive collection of aircraft from early 1900s planes to a space shuttle exhibit. Carillon Historical Park contains a Wright Brothers plane, 19th-century buildings, and antique trains. The Boonshoft Museum of Discovery has kids’ science exhibits and a small zoo. International fine art is on view at the Dayton Art Institute.