Toledo Estate Planning Attorneys Here To Help You
Whether you need to create an estate plan from scratch or make additions or modifications to an existing will or trust, the single most important thing you should consider is how comfortable you feel with the lawyer handling these very important matters. You deserve counsel with a depth of experience in estate planning; you also deserve counsel who places a special priority on customer service and client satisfaction.
At Mockensturm, Ltd., our attorneys and CPAs provide outstanding estate planning services to clients throughout the Toledo area and all of northern Ohio. To schedule a consultation, please call us at 419-792-1143 or complete our contact form. We are here to help you.
Personalized Legal Guidance With Your Estate Plan
At Mockensturm, Ltd., excelling in customer service is as important as providing effective legal advice. Our attorneys have extensive experience in the areas of estate planning, probate administration and estate litigation. We are always focused on making our clients comfortable and taking the time to listen to their concerns so we can respond accordingly.
While our attorneys and staff are skilled with the fine details of any case, we also never forget the basic things — like returning phone calls promptly, responding to emails thoroughly and creating an environment designed to reduce the stress that many people associate with getting legal help. We also take the extra step to keep in touch with you after your estate plan is implemented to ensure that you continue to follow all required legal formalities to keep your plan effective and up to date. Our job doesn’t end with the preparation of documents; we do our best to help keep your plan on track for as long as you need it.
Our Estate Planning Services
- Estate Planning with a Non-Traditional Estate Plan
- Estate Planning with a Last Will and Testament
- Estate Planning with a Trust
- Creditor Protection Trusts
- Powers of Attorney
- Living Wills
Please see our Client Testimonials to learn more about the high level of service and representation that we provide.
Estate Planning With A Non-Traditional Estate Plan
When planning their estates, most people will want to avoid the cost and complexity of the probate process. In many cases, this can be done through the use of trusts. Sometimes, however, your assets can be re-titled in ways that eliminate both the need for probate and traditional estate planning documents like trusts. If your estate consists primarily of a home and retirement accounts, you may be able to use “transfer on death” provisions to automatically transfer your assets upon your death. The Mockensturm, Ltd. estate planning team can review your assets with you to see if a planning method based on designating beneficiaries will help you achieve your estate planning goals.
Our estate planning team includes experienced business law attorneys and CPAs. This breadth of experience means that Mockensturm, Ltd. is a one-stop shop for our estate planning clients who own businesses. Please see our Business Law Overview to learn more.
Estate Planning With A Last Will And Testament
A Last Will and Testament is a legal document that directs how you want your assets to be distributed upon your death. Your will may also name a guardian for any minor children you may have. A will is therefore absolutely essential if you have minor children. A properly executed will is the only way to ensure that the people you choose to take care of your minor children can assume full custodial rights without involving a court. Your will instructs the probate court as to how your affairs should be administered. Whether transferring your assets, paying your debts, or appointing a guardian, it is better to control those decisions rather than leave them to the discretion of the court. The Mockensturm, Ltd. team will work with you to carefully plan your Last Will and Testament so that your wishes are honored. Additionally, if your goal is to avoid the probate process, we can explain your options regarding estate planning with trusts.
Estate Planning With A Trust
Trust planning is the most common form of estate planning in order to prevent assets from passing through the probate court. In most cases, you will want to consider using a trust if your estate includes business assets or partnership interests, or if you want to exert control over the management of your assets after your death to ensure the ongoing well-being of your family. Trusts are also a great tool if your goal is to avoid the probate process. Many people do not realize that simply having a Last Will and Testament is not sufficient to avoid probate. In order to avoid probate, assets must either be titled so they automatically transfer to your heirs upon your death, or assets must be held in trust with a valid trustee. The trustee will hold or distribute your assets according to your wishes.
There are many types of trusts to consider. The most common is a living trust, which allows you to maintain full control over your assets during your lifetime, but also allows your assets to transfer to your loved ones after your death without the need for probate. The trust attorneys at Mockensturm, Ltd. have years of experience in helping people decide the best possible strategies to create trusts that avoid probate, minimize taxes and manage assets for heirs in the most efficient, cost-effective manner possible.
Creditor Protection Trusts
While living or revocable trusts offer great flexibility in estate planning, they do not offer creditor protection. Irrevocable trusts and Ohio legacy trusts are two options that do allow for creditor protection. In these types of trusts, you cannot serve as the Trustee of your Trust. Ultimately, another person will have control over your assets and when they are distributed. In exchange for this loss of control, your assets can be shielded from future creditors. For those in risky occupations, creditor protection trusts may be an effective planning tool for the portion of your assets that you cannot afford to lose. If you are concerned with protecting your assets from creditors now or in the future, the attorneys at Mockensturm, Ltd. can assist you in creating the most advantageous creditor protection trusts.
Powers Of Attorney
As we and our family members age, there may be times when others need to manage our affairs, including medical decisions. Maybe a loved one will become incapacitated by illness or a serious surgery. Perhaps you become permanently unable to handle your own affairs because of Alzheimer’s disease or another chronic condition. During times like these, you need to be able to legally hand over responsibility for your financial or medical affairs through the use of a Power of Attorney. Without a well-drafted and properly executed Power of Attorney naming one or more people who can take over for you, someone will need to make a formal application with a Probate Court to request authority to handle your affairs. In such a case, Probate Court has discretion about whom to appoint. The Mockensturm, Ltd. team can help you avoid this scenario with carefully crafted Powers of Attorney. Don’t wait for an unforeseen event to make you or your loved ones wish you had done better planning to handle unforeseen medical situations.
Hopefully you or your family will never have to make a life-ending decision. The decision to withdraw life-sustaining treatment when there is no chance of recovery is the most difficult decision any loved one would face. A living will allows you to make your wishes known so that your family or other decision-makers know how you wish them to proceed. By creating a living will, you make your wishes clearly known in documents that will be honored by health care providers and other authorities. Failure to have a properly executed living will can create terrible rifts among families and friends at the worst possible time. Contact Mockensturm, Ltd. to learn how a proper living will can help provide the guidance your family will need to honor you wishes at the end of your life.
Contact Mockensturm, Ltd. Today
We offer a fully confidential and complimentary consultation from our Toledo office. To set up a meeting, please call us at 419-792-1143 or complete our contact form. Mockensturm, Ltd. serves clients throughout the Toledo area and all of northern Ohio.