Bailey & Gunderson Co., L.P.A.

Estate Planning and Probate Services

For nearly twenty years, the estate planning and probate attorneys at Bailey and Gunderson have assisted their clients with their estate planning, estate administration, and other probate law needs. Every day, we help people plan for the future by drafting Last Wills and Testaments and other estate planning documents. Our philosophy is that everyone needs an estate plan. An estate plan is critical regardless of the size of your assets or your marital status. A carefully constructed, flexible estate plan is useful to avoid excessive taxes, minimize or avoid the expense of the probate process, and to ensure that your wishes are met in the future. A Last Will and Testament and/or a Living or Testamentary Trust are also critical planning documents if you have minor children.

The estate planning and probate attorneys at Bailey and Gunderson have extensive experience in:

• Last Wills and Testaments
• Durable Powers of Attorney (for financial matters), and Durable Powers of Attorney for Health Care
• Trusts (both Living and Testamentary)
• Estate administration
• Guardianships (for both minor children and incompetent adults)
• Adoptions
• Name change proceedings
• Will contests & litigation in the Probate Court.

The estate planning and probate attorneys at Bailey and Gunderson welcome the opportunity to assist you with your estate planning and probate needs.

Since 1995, the law firm of Bailey and Gunderson has assisted estate planning and probate clients in the greater Cincinnati area (Hamilton, Clermont, Butler and Warren counties). If you have questions or need information about estate planning and probate, please call our Cincinnati office.

Estate Planning

Essential Parts of an Estate Plan Include:

Last Will and Testament - A Last Will and Testament is a legal document that sets forth the testator's (the maker of the will's) desires and instructions as to how his or her property will be distributed upon his or her death. A will can also appoint the person or institution that will act as the testator's fiduciary, and it will set forth the powers the fiduciary are given to carry out the testator's wishes. A will can also be used to nominate the person who the testator would like to be the guardian of the testator's minor children, and the trustee to manage assets left to the minor children.

Power of Attorney - A Power of Attorney permits the agent (known as the attorney-in-fact) for the principal (the person granting the power of attorney) to act on behalf of the principal in business and personal transactions. This instrument cannot be used to make medical decisions. A general power of attorney is normally broad in nature. Typical powers granted are the right to execute, modify and terminate contracts; to buy, sell or transfer real or personal property; to adjust, compromise and settle claims; and to conduct and carry on the business affairs of the principal. Most general powers of attorney are revocable (meaning they can be cancelled by the principal). The principal can revoke the power given to the attorney-in-fact by delivery of a written document which gives notice of the revocation of the power of attorney.

Durable Power of Attorney for Health Care - A Durable Power of Attorney for Health Care is used exclusively for authorizing the attorney-in-fact to make medical and health care decisions for the principal when the principal is no longer capable of making decisions for him or herself. In some case, a licensed physician may be required to determine when the principal is no longer capable of making decisions. This instrument requires the attorney-in-fact to make health care decisions which are consistent with the wishes of the principal. This instrument will not overrule a Living Will. The person named as the attorney-in-fact must be an adult who is not your physician, or the administrator of the facility in which you are receiving medical services.

Living Will - A Living Will is a document that express the wishes of a person regarding life sustaining treatment once the person has become terminally ill or permanently unconcious. The Living Will becomes effective only when you are unable to communicate your wishes, and are terminally ill or permanently unconcious. The instrument gives your treating physicians authority to follow your instructions regarding the use or non use of life sustaining treatment. The determination as to whether you are in a permanently unconcious state or terminally ill beyond medical help will be made by two physicians who are required to examine you, and agree that you are in the aforementioned condition.

Trusts - A trust can be created while you are living (called a Living Trust), or can be created by your Last Will and Testament (called a Testamentary Trust). A Living Trust is an agreement wherein the person creating the trust appoints a trustee to hold assets for the benefit of one or more beneficiaries. Typically, the person(s) creating the trust, the trustee, and the beneficiary are the same person. Most times, a husband and wife will create a Living Trust for their benefit while they are living, and upon the death of both spouses, their children become the beneficiaries of the Living Trust. A Living Trust may help to avoid probate, can help (in some instances) to minimize taxes, and can maintain assets for a period of time until a beneficiary reaches a certain age.

A Testamentary Trust has some of the same advantages as a Living Trust, however, it is not used to avoid probate, or to minimize taxes. The big advantage of a Testamentary Trust is that it is usually less expensive in terms of attorney fees and costs to create as compared to a Living Trust.

Real Estate Titles - A well thought-out estate plan can often allow you to transfer real estate outside of the probate process by use of Transfer-on-Death affidavits, Survivorship Deeds, and outright transfers during one's lifetime.

The estate planning and probate attorneys at Bailey and Gunderson welcome the opportunity to assist you with your estate planning and probate needs.

Since 1995, the law firm of Bailey and Gunderson has assisted estate planning and probate clients in the greater Cincinnati area (Hamilton, Clermont, Butler and Warren counties). If you have questions or need information about estate planning and probate, please call our Cincinnati office.
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Probate and Estate Administration

If you need an attorney to help you handle the closing of a family member's estate, the probate attorneys at Bailey & Gunderson are here to help. If you are concerned about how long it will take to probate the estate, how much money it will cost, and how difficult the process will be, we understand. The probate attorneys at Bailey & Gunderson assist clients with their probate needs every day. We will guide you through the administration of the estate, and will explain to you the entire process.

Following the passing of a loved one, the family often wishes for nothing more than to have time to grieve, collect their memories, and move forward. However, this is often disrupted by the need to administer the estate. At Bailey & Gunderson, we relieve you of the burden of estate administration. We work diligently to alleviate the time, expense, and stress associated with the process.

Estate administration is essentially the process of resolving the remaining issues that the decedent had before he or she died, and transferring his or her assets to the heirs or beneficiaries according to the decedent's Last Will and Testament, and his or her estate plans. If an effective estate plan has not been established, which designates the decedent's intentions for transferring assets upon his or her death, the State of Ohio has laws which will make these decisions.

The probate attorneys at Bailey & Gunderson have the experience and the necessary understanding of the probate laws and procedures for estate administration. We will advise the executors, administrators or personal representatives of the estate through the entire estate administration process, including:

• Admitting the Last Will & Testament in the Probate Court
• Appointing the personal representative of the estate
• Advice and assistance on collecting all assets (collecting and appraising real estate, personal property, life insurance policies, unpaid income, and other assets)
• Advice and assistance on determining debts of the estate (notifying creditors, verifying validity of debts, and contesting invalid debts)
• Filing estate income tax returns
• Advice and assistance with asset distribution (distributing remaining assets to heirs, and titling assets)
• Finalization of the administration of the estate (filing the final account of the representative of the estate)

The probate attorneys at Bailey & Gunderson understand that the administration of a loved one's estate can be emotional and overwhelming. We are dedicated to helping families through the estate administration process as quickly as possible.

The probate attorneys at Bailey and Gunderson welcome the opportunity to assist you with your probate needs.

Since 1995, the law firm of Bailey and Gunderson has assisted probate clients in the greater Cincinnati area (Hamilton, Clermont, Butler and Warren counties). If you have questions or need information about estate planning and probate, please call our Cincinnati office.

 

Guardianship

A guardian is appointed by the Probate Court when a person (called the ward) is not able to care for or protect themselves. The court appointed guardian then oversees the legal and financial affairs of the individual. Elderly relatives, a person with a severe physical or mental disabilities, or a minor may need the protection a guardianship can provide.

Ohio law allows for a number of different types of guardianships. The guardianship attorneys at Bailey & Gunderson can help establish the following types of guardianships:

A Guardian of the Person is appointed to protect and have physical custody of a ward, and provide for their daily needs.

A Guardian of the Estate is appointed to manage the property and financial assets of the ward for the ward's best interests. The ward's expenses are paid from the ward's assets.

A Limited Guardian is a guardian whose powers are specifically limited by the Probate Court.

An Interim Guardian is appointed after a former guardian is temporarily or permanently removed or has resigned.

An Emergency Guardian is appointed by the Probate Court without a formal hearing, and is necessary to prevent immediate injury to the person or the estate of the ward.

A Conservator is a person appointed by the Probate Court at the request of a mentally competent adult who is physically unable to manage certain aspects of his or her life.

When is a guardianship necessary?

There are several circumstances that might require a guardianship :

Incompetent: A guardianship may be required of a person who is impaired as a result of a mental or physical illness or disability, or mental retardation, or as a result of chronic substance abuse when he or she is incapable of taking proper care of himself or herself, his or her property, or his or her family. A guardianship can be created for an incompetent's person and/or estate.

Minor: A guardianship may be required of a person under 18 years of age who has neither a father nor a mother, whose parents are unsuitable to have custody of such minor, or whose interests will be promoted by a guardianship. A guardianship can be created for a minor's person and/or estate.

Minor Settlement or inheritance: Natural parents do not have an inherent right to manage their minor child?s fiances, or settle personal injury claims on behalf of their minor child. The Probate Court must authorize approval of such settlements. If the settlement exceeds $10,000.00, the law requires the appointment of a guardian of the estate of the minor child.

Each type of guardianship has certain obligations and liabilities. You should retain an attorney knowledgeable in this field. The attorneys at Bailey & Gunderson have nearly 20 years of experience helping people through the guardianship process.

Since 1995, the law firm of Bailey and Gunderson has assisted guardianship clients in the greater Cincinnati area (Hamilton, Clermont, Butler and Warren counties). If you have questions or need information about guardianship, please call our Cincinnati office.

Adoption

An adoption is a wonderful way to create legal family relationships between adults who wish to become parents and children who are in need of parents. The adoption process typically begins with the placement of the adoptee with the prospective adoptive parents, and typically ends with a hearing before the Probate Court where the judge will make a determination that the prospective parents are suitable to care for and rear the child.

The adoption attorneys at Bailey & Gunderson can help you with two of the most common types of adoptions:

Step-parent adoption: A step-parent adoption is the process where a minor child is adopted by the spouse of the minor child's natural parent. Grandparent and other intrafamily or relative adoptions are not considered step-parent adoptions. This type of adoption is considered a private adoption.

Private Adoptions: In a typical private adoption, the birth parents will identify prospective adoptive parents with whom they wish to place their child. The birth parents will ask the Probate Court to place their child with the prospective adoptive parents. The prospective adoptive parents will be charged with the duty to petition the Probate Court for approval of the adoption. If the Probate Court is convinced that placement of the child with the prospective adoptive parents is in the child?s best interest, the petition for adoption will be granted.

Additional Information on the Adoption Proceedure

When the petition for adoption is filed with the Probate Court, the adoption attorneys at Bailey & Gunderson will assist you with engaging a social worker specially licensed by the State of Ohio to prepare adoption home studies. The adoption home study will be used as evidence by the Probate Court to determine the suitability of the prospective adoptive parents. The Probate Court will determine a date for the hearing for the petition for adoption. At this hearing, the Probate Court will rule on the merits of the pending petition for adoption. If the Probate Court determines the petition should be granted, it will issue an order to the Ohio Department of Health to seal the old birth records, and to create a new birth record with the names of the prospective adoptive parents as the parents of the child.

An adoption can be a joyful experience. You need to have competent, experienced counsel to guide you through the adoption process. The adoption attorneys at Bailey & Gunderson have the experience you need to help you through the adoption process.

Since 1995, the law firm of Bailey and Gunderson has assisted adoption clients in the greater Cincinnati area (Hamilton, Clermont, Butler and Warren counties). If you have questions or need information about adoption, please call our Cincinnati office.