While this topic is not one's favorite, it is an inevitable part of life.

One must confront one's own demise and prepare for it.

There are many unpleasant scenarios that a person's family can face if their loved one passes away unprepared.

Call us today and let The Cocirteu Law Firm help you prepare.

 
 
 

SIMPLE WILL

Your Will designates your real and personal affects to persons you name in your Will. Usually husband and wife have reciprocal Wills that designates that all affects transfer to the other upon death and or to their children upon both their deaths. You can also make specific requests if there are certain assets you wish to leave to certain person.

LIVING WILL

A living will basically states as does the Health Care Power of Attorney that you do not want any prolonged life sustaining medical treatment if you are of a permanently unconscious state. The difference is that in a Health Care Power of Attorney you are designating an agent of your choice to make that determination while in a living will you are requiring such treatment to stop. Signing both documents creates the following authority. You have a Power of Attorney present to make a decision and if that Power of Attorney is unable to make such a decision your Living Will then controls the situation. If you do not want a Living Will to control and only want the determination to be made by your Power of Attorney then if your Power of Attorney is not present physicians are required to give you prolonged life sustaining treatment until you die. You could be in a permanently unconscious state for many years.

DURABLE POWER OF ATTORNEY

Empowers the person you appoint to conduct your general business, financial and personal affairs on your behalf. The person you appoint has the power to conduct affairs in the following areas:

1. Sell and buy real and personal property
2. Pay bills and create debt
3. Enter into contracts for purchases or other legal obligations on your behalf
4. Buy and sell stocks, bonds and other investment
5. All other ordinary business activities that you would conduct if you were in a position to do so in your best interest

DURABLE POWER OF ATTORNEY FOR HEALTH CARE

The person you appoint to be your power of attorney for health care has the following powers: full power and authority to make all health care decisions for you to the same extent that you could make such decisions for yourself if you had the capacity to do so, at any time during which you do not have the capacity to make informed health care decisions for yourself. Such agent shall have the authority to give, to withdraw or to refuse to give informed consent to any medical or nursing procedure, treatment, intervention or other measure used to maintain, diagnose or treat my physical or mental condition. In exercising this authority, your agent shall make health care decisions that are consistent with your desires as stated in this document or otherwise made known to your agent by you or, if you have not made your desire known, that are, in the judgment of your agent, in your best interests.

You also give your power of attorney the power to withdraw nutrition and hydration when in a permanently unconscious state. And if your attending physician and at least one other physician who has examined you determine, to a reasonable degree of medical certainty and in accordance with reasonable medical standards, that such nutrition or hydration will not or no longer will serve to provide comfort to you.

PROBATE ADMINISTRATION

What is a Probate Estate?
A probate estate is a legal proceeding provided for by Ohio law to determine the assets of a deceased person who was an Ohio resident at the time of death, the value of those assets, and the distribution of those assets to the persons entitled to them by law.

Why is Probate Estate Necessary?
A probate estate is necessary to protect and conserve the assets of a decedent for the heirs, creditors, and other persons interested in an estate. The probate estate will provide for the payment of outstanding debts, the payment of taxes, and the distribution of the remaining assets to the persons entitled to receive them under the decedent's will, or by law.

What Procedures are Involved in Probating an Estate?
A probate estate is a legal proceeding provided for by Ohio law to determine the assets of a deceased person who was an Ohio resident at the time of death, the value of those assets, and the distribution of those assets to the persons entitled to them by law.
The probating of an estate requires the appointment by the Probate Court of a suitable person to supervise the administration of the estate. The person appointed is called an executor, if named in a will, or an administrator, if there is no will.
The executor or administrator may be an individual, a bank, or trust company.
The duties of an executor or administrator are:
-To determine the names, ages, and degree of relationship of heirs;
-To take possession of, and conserve all of the real and personal property of the decedent;
-To file with the Probate Court an inventory of all the assets held in the name of the decedent;
-To receive and determine the validity of all claims against the decedent's estate;
-To file tax returns and to pay income and estate taxes;
-To make distribution of the estate's assets to the proper persons;
-To file an account of all receipts and disbursements made by the executor or administrator with the Probate Court. If the total value of all property in the decedent's name is $35,000 or less, the estate can be relieved from the administration requirements.


 


 
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