Estate Planning in Southern Ohio
An estate plan does two things: it puts you in control of what happens to your assets and your healthcare decisions, and it spares your family the time, expense, and conflict that come from having no plan in place. The cost of a basic estate plan is modest. The cost of dying without one — in legal fees, in family disputes, in tax consequences, in months of probate — is significant.
Frederick C. Fisher, Jr. leads the firm's estate planning and probate practice. Derick drafts wills, trusts, and related documents in plain English — not the impenetrable legalese that makes most estate plans feel like puzzles. The goal is documents that work when your family needs them, not just documents that look impressive on signing day.
Documents We Draft
Wills
The foundation of most estate plans. A properly drafted Ohio will names an executor, distributes your assets according to your wishes, designates a guardian for minor children, and can incorporate testamentary trusts for children, special-needs beneficiaries, or spendthrift situations. Wills go through probate — which we can handle for the family if needed (see Probate Administration below).
Revocable (Living) Trusts
For clients who want to avoid probate, want privacy in their estate distribution, or own property in multiple states, a revocable living trust is often the right tool. The trust holds title to your assets during your life (you remain the trustee and have full control), and on your death, your successor trustee distributes the assets per the trust terms — without going through probate court.
Powers of Attorney
A financial power of attorney lets a person you trust handle your financial affairs if you become incapacitated. A healthcare power of attorney does the same for medical decisions. Both should be in place before they are needed — once incapacity occurs, it is too late to sign one.
Living Wills (Healthcare Directives)
An advance directive that tells your healthcare providers and your family what you want done (or not done) if you are terminally ill or permanently unconscious and cannot communicate. Often paired with the healthcare power of attorney.
Transfer-on-Death Designations
For real estate, vehicles, bank accounts, and investment accounts, Ohio allows transfer-on-death (TOD) designations that pass the asset directly to a named beneficiary on the owner's death — without probate. We use TODs strategically alongside wills and trusts.
Special-Needs Trusts
For families with a disabled beneficiary on Medicaid or SSI, a properly drafted special-needs trust can hold inherited assets without disqualifying the beneficiary from public benefits. The drafting requirements are precise — we follow them.
Probate Administration
When a loved one dies, the probate process opens an estate, identifies and inventories assets, pays debts and taxes, and distributes what remains to heirs or beneficiaries. In Ohio, probate is handled in the Probate Court of the county where the decedent lived. We represent executors and administrators through every step of the process:
- Filing the application to admit the will and appoint the executor
- Notice to creditors and creditor-claim handling
- Inventory and appraisal of estate assets
- Sale of real estate or significant personal property when needed
- Payment of debts, taxes, and final expenses
- Final accounting and distribution to heirs / beneficiaries
- Closing the estate
Contested Estates & Will Contests
Where a will is challenged on grounds of lack of capacity, undue influence, or improper execution, we represent both proponents (those defending the will) and contestants (those challenging it). Will contests are time-sensitive — Ohio law sets a short window for filing.
Common Questions
"Do I really need a will if my estate is small?"
Yes. Even a modest estate goes through probate without a will, under Ohio's intestate succession statute — which may distribute your assets in ways you wouldn't choose. A simple will is inexpensive and avoids surprises.
"What's the difference between a will and a trust?"
A will takes effect at death and goes through probate. A trust takes effect during your life (revocable trusts) or at death (testamentary trusts) and can avoid probate. Most clients benefit from a coordinated plan that uses both tools.
"How often should I update my estate plan?"
At least every 5–10 years, and any time you experience a major life change: marriage, divorce, birth or adoption of a child, death of a beneficiary or fiduciary, significant change in assets, move to a different state, change in tax law, or change in your wishes.
Free Initial Consultation for Estate & Probate Matters
Estate planning works best when it's done before there's a specific worry — while everyone has time to think through what they want. Call (740) 532-8744 for a free initial consultation on your estate or probate matter. For probate following a death, call as soon as you can — some deadlines run from the date of death.