Helping Ohio Families since 1991
(614) 497-9918
3163 S High St., Columbus, OH 43207

Columbus Estate Planning Attorney

Estate Planning Lawyer Columbus OH - Probate, Wills & Trusts | Rathburn & Associates - 2

When it comes to preparing for the inevitable, having a well prepared plan by an attorney not only ensures your end of life wishes are followed,  but that your assets are distributed properly and your family is taken care of the way you want them to be. We want to help your family avoid probate and focus on each other in that time of need.

At Rathburn & Associates, we take the time to understand your needs, evaluate your assets, and help you make a plan that is enforceable upon your passing.  We will give you honest and upfront answers so you can make an informed decision on what documents you truly need in your Estate Plan.

Protect Your Assets and Family Estate from Ohio Probate

The largest part of our practice is in helping families prepare for a death to occur (Estate Planning) and helping families with legal needs following a death in their family (Probate / Non-Probate).  An “Estate Plan” does not have to be complex.  We are highly experienced in legal matters that affect families before and after the death of a loved one.
We will listen to you to learn your goals and help you understand in simple terms what your options are and how each option will impact you and your family.  It’s never too early to begin planning.  Why leave the outcome of your estate to the State of Ohio laws of “Descent and Distribution”?  Take control of your estate assets you’ve worked hard your whole life to acquire.  You decide.  Call (614) 497-9918 and arrange to come see us.

Trusts & Wills, Power of Attorney, and Re-Titling Assets

Estate Planning Lawyer Columbus OH - Probate, Wills & Trusts | Rathburn & Associates - 1willestateThere are various options to consider with an Estate Plan.  A plan may include a Last Will & Testament, a Power of Attorney, a Living Will and some situations may be best served with a Living Trust.  Some situations may require that assets be re-titled to aid in avoiding Probate and saving money.  Assets may be titled so that they “Transfer on Death” by one of several ways including “Rights of Survivorship” (JWROS, WROS).  
Generally the three primary types of assets to consider owning with “Transfer on Death” (TOD) status is Real Estate, Motor Vehicles and Bank Accounts.  This can make a very sizable difference in what legal work will be necessary upon the death of an owner.  By using “Transfer on Death” (TOD) assets such as bank accounts, motor vehicles and Real Estate may be passed to your loved one without the need for Probate Court processing.

Estate planning is the most important gift you can provide to yourself and your family.  Our method is simple. Our estate plans work.

Some items we will consider for your Estate Plan are:

  • Last Will and Testament
  • Living Will
  • Trust
  • Power of Attorney
  • Re-titling of Assets

Medicaid Planning & Elder Law Attorney Serving Greater Columbus

Estate Planning Lawyer Columbus OH - Probate, Wills & Trusts | Rathburn & Associates - estate_planningBefore you retire, before the possibility of a nursing home presents itself, call Rathburn & Associates. Early planning is instrumental in keeping your assets in tact. We have the experience and we want to be your trusted advisor.

As part of our Estate Planning practice, we can help you with the, sometimes complex, area of Elder Law and Medicaid Planning.  We can explain Trusts and their different forms and uses, both as a way to plan for your potential need for Medicaid, to “Avoid Probate”, and as a planning tool for minors and persons with “Special Needs” where we must work around and preserve disability benefits.  

Power of Attorney vs. Guardianship

Ohio Law provides that a person may establish Power of Attorney for Healthcare and Power of Attorney for General purposes. A good, sound, Power of Attorney document can save your family and loved ones a great deal of time, energy, frustration and money that would be necessary if you become incompetent or incapacitated. Without a good Power of Attorney document it would be necessary for your family or loved ones to petition Probate Court to establish a Guardianship. The best legal scenario is to execute a Power of Attorney document while you are well.

A Guardianship may involve a minor, an incompetent person or a disabled person. To start a Guardianship case for an adult you must have a doctor’s evaluation and diagnosis that the person is “incompetent” and otherwise unable to care for his or her self.

Guardianship generally has two parts – Guardian of the “Person” and Guardian of the “Estate”.  Probate Court can appoint the same person to be Guardian of the Person and Estate of a Ward.  The person to be appointed generally must be prior approved for bond in amounts set by Ohio Law.  Guardianship starts by filing a Petition along with many other required documents in Probate Court. It is a complicated legal matter with a great deal of court controls and ongoing filing requirements and can cross into other areas of law like real estate, pensions, insurance, Medicare, Medicaid, bank accounts, healthcare and more. 
You need a highly experienced law firm to help you and Rathburn & Associates has the experience you need.  Call Rathburn & Associates before the need arises so you, your family and loved ones can be protected and prepared.

Is your estate stuck in Ohio Probate?

If you have had the misfortune of losing a loved one with an incomplete Estate Plan, call us immediately. We will review your documents and help you work through the court system pursuant to Ohio Law.

Dennis A. Rathburn is a member of the Columbus Bar Association Probate Committee. Protect your family and your assets. Call Rathburn & Associates 614-497-9918.  The first call is free!