Skilled Estate Planning Lawyers in Cincinnati, Ohio
The subject of passing away or becoming incapacitated is not a pleasant thing to think about or prepare for, whether it is for you or a member of your family. However, it is highly recommended that you consider essential healthcare and financial affairs while you are healthy and of sound mind. This will ensure that your assets are distributed according to your wishes and that major decisions about your medical care are addressed.
A detailed and well-crafted estate plan will help your loved ones avoid legal disputes. Regardless of your financial status, it is never too early to have a will and estate plan. If you have questions about estate planning or would like legal assistance creating a will or a comprehensive estate plan, it is highly recommended that you contact the Cincinnati wills and estate lawyers at Wolterman Law Office.
Two Convenient Locations Near Cincinnati
Most clients reach us within 10–20 minutes from Cincinnati, Montgomery, Madeira, and surrounding communities.
Our offices are conveniently located in:
Loveland, OH – minutes from I-275
Blue Ash, OH – convenient to Kenwood Towne Centre & I-71
What Is Estate Planning?
It is a common misconception that estate planning is only necessary for people with substantial wealth. However, this overlooks several practical aspects that affect everyone, from the extremely wealthy to individuals with more modest incomes. Estate planning addresses financial matters, as well as critical personal considerations. A Cincinnati wills and estate lawyer will ensure that your estate plan addresses a range of critical issues, including the following:
- State and federal estate and gift tax consequences
- Asset valuation
- Placing assets out of reach of creditors
- Drafting will and establishing trusts
- Health care directives and power of attorney (POA)
- Business succession planning
- Family partnerships
- Providing support for family members with special needs via trust planning
When Should I Consider Estate Planning?
Estate planning is something that many people put off for a variety of reasons. However, it is never too soon to start thinking about these issues, particularly if you have a family, own your own home, and want to ensure that your personal and financial goals are addressed. Even if you are in your early 20s, there are important factors that an estate plan will address.
An experienced wills and estate lawyer can assist you with the estate planning process and address the following age-related considerations:
- Estate planning in your 20s: Once you turn 18, you are legally considered an adult, meaning your parents or guardians no longer have the legal authority to make decisions regarding your health care or finances. While estate planning may not be at the top of your priorities at a young age, life is unpredictable, and you never know when an accident or unexpected illness can change your life. At the very least, it is advisable to establish a POA and health care directive. A POA should be someone you trust and who will make critical decisions on your behalf if you cannot do so.
- Estate planning in your 30s: If you are in your 30s, you may be more established in your career. You may also have a family and own your own home. Now that you have a spouse and children, it is highly recommended that you meet with a wills and estate lawyer to discuss important topics like establishing a will and trust and purchasing a life insurance policy. A will clarifies your wishes after you die and names a guardian for your children if they are still minors. You can also establish a trust, which establishes a fiduciary relationship between you and the person you give authority to manage your assets.
- Estate planning in your 40s: Once you have reached your 40s, it is likely that you will be even more established in your career and have acquired more income, investments, and property. This is all the more reason to consider estate planning, including reviewing all estate documents and beneficiary designations and considering medical decisions and any changes you wish to make to your health care directive and POA documents. Having a well-thought-out plan will prevent your loved ones from making difficult decisions on your behalf.
- Estate planning in your 50s and beyond: As you get older, estate planning becomes increasingly important. If you do not already have a life insurance policy in place, purchasing a policy that reflects your financial needs and goals is highly recommended. The death benefit can help your loved ones pay the mortgage, household bills, college tuition, and other expenses in the event of your untimely death.
What Is a Will?
Also known as a “last will and testament,” a will is a foundational estate planning document that allows you to control how your assets and property are distributed after your death. A properly drafted will can also address important personal and legal matters, including family protections, and allows you to:
- Name an executor to manage your estate and carry out your wishes.
- Leave specific property or assets to specific individuals.
- Make special provisions for certain property or beneficiaries.
- Provide for charities or individuals outside your immediate family.
- Disinherit an individual (subject to certain legal limitations).
- Nominate a guardian for minor children.
While wills are an essential component of estate planning, some matters—such as medical directives, living wills, and powers of attorney—are typically addressed through separate legal documents rather than a will itself.
Ohio Will Requirements
To be admitted to probate, a will must meet Ohio’s statutory requirements for execution and validity, as set forth in the Ohio Revised Code governing wills and estates. In general, a valid Ohio will must:
- Be in writing.
- Be signed by the testator (the person making the will).
- Be witnessed by two competent witnesses in accordance with Ohio law.
If a will does not comply with these requirements, the probate court may determine that it is invalid. In that case, the estate may be administered under Ohio’s intestacy laws instead of according to the terms of the will.
What Happens If There Is No Will?
When a person dies without a valid will, they are considered “intestate.” In an intestate estate, the probate court oversees the administration of the estate and appoints an administrator to manage the process. Assets are distributed according to Ohio’s intestacy statutes, rather than the individual’s personal wishes.
Ohio’s intestacy laws determine inheritance based on family relationships, including whether the deceased is survived by a spouse, children, or other relatives. Under Ohio law:
- A surviving spouse inherits the entire estate when there are no children.
- If there is a spouse and children, inheritance depends on whether the children are also the spouse’s.
- If the deceased has children from another relationship, the estate is divided between the spouse and the children according to statute.
- If there is no surviving spouse, the estate generally passes to the children.
Because these distributions are dictated by law, they may not reflect the deceased’s intentions. Intestate estates also often take longer to resolve and can increase both administrative costs and emotional stress for surviving family members. Additional information is available through the Ohio Revised Code governing wills and estates.
Residents of Cincinnati and Hamilton County may also visit the Hamilton County Probate Court for authoritative information on wills, trusts, estate administration, probate proceedings, and related resources.
What Are Common Estate Planning Mistakes?
The estate planning process can be overwhelming, particularly when considering complex financial matters and medical decisions. A dedicated will and estate lawyer can guide you through every step of this process and help you avoid common mistakes, including:
- Failure to prepare
- Lack of communication with friends and family
- Failure to name more than one beneficiary
- Failure to document final wishes or neglecting to name a POA or health care representative
- Not considering digital assets
Frequently Asked Questions – Cincinnati, Ohio Estate Planning
What does an estate planning lawyer do in Ohio?
An estate planning lawyer helps you create legally valid documents—such as wills, trusts, and powers of attorney—that protect your assets and ensure your wishes are followed under Ohio law.
Do I need a will in Ohio?
Yes. A will ensures your assets go to the right people and keeps your estate out of unnecessary probate issues. Without a will, Ohio’s default laws determine who receives your property.
How long does probate take in Hamilton County, Ohio?
Most probate cases in Hamilton County take 6–12 months, depending on estate size, disputes, and court workload.
Do I need a trust instead of a will?
A trust can avoid probate, provide privacy, and allow faster distribution of assets. Your attorney will recommend whether a trust is appropriate based on your estate size and goals.
What is the cost of creating a will or trust in Cincinnati?
Costs vary depending on complexity. Many foundational plans fall within predictable, flat-fee ranges. We provide clear pricing before starting.
Does Ohio have an inheritance tax?
No. Ohio does not have an inheritance tax, but federal estate tax may still apply to very large estates.
How often should I update my will or trust?
Every 3–5 years or after major life events (marriage, divorce, children, buying property, relocating, etc.
Start Your Estate Plan Today – Contact Our Cincinnati Wills and Estate Lawyers at Wolterman Law Office
Protect your family and your future with a clear, legally sound estate plan. The Cincinnati wills and estate lawyers at Wolterman Law Office will address all of your estate planning needs. Call 513-488-1135 or contact us online now to request a free consultation. We offer easy scheduling, quick turnaround, and personalized guidance. It is never too early to start planning.