Frequently Asked Questions
Estate planning shouldn’t be overwhelming. Explore concise answers to common questions for Ohio and New York residents. Want help applying these concepts to your family? We’re happy to talk.
This FAQ is general information, not legal advice.
Why Do People Say Estate Planning Is Overwhelming?
Because it blends family decisions, finances, and law. We break it into clear steps—Initial Call, Vision, Design, Signing, Funding, and Maintenance—so you always know what’s next and why it matters.
What Is Probate?
Probate is the court process for transferring assets after death and, in some cases, appointing decision-makers for people who cannot act for themselves. It’s public and can be slow and costly. Many families plan to avoid or minimize probate to save time, reduce expense, and keep affairs private.
Which Court Handles Estates?
In Ohio, estates are handled in the Probate Court (a division of the Court of Common Pleas). In New York, estates go through the Surrogate’s Court. The names differ, but both courts supervise probate and certain guardianship matters.
What’s the Difference Between Probate and Non-Probate Assets?
Probate assets are titled solely in the decedent’s name with no beneficiary and pass under a Will through the court. Non-probate assets pass by title or contract—think beneficiary-designated accounts (life insurance, retirement), payable-on-death or transfer-on-death accounts, or properly structured joint ownership. Your plan must coordinate both.
Should I Add My Adult Child As a Joint Owner?
Usually not. Adding a child can expose the asset to that child’s creditors, divorces, or bankruptcy and may cause tax and Medicaid-eligibility issues. Joint ownership is a tool, not a plan.
What Is a Will—and What Does It Not Do?
A Will directs who receives your probate assets and can name guardians for minor children. A Will does not avoid probate and has no effect until death and filing with the court. It can include trusts (created at death) for young or vulnerable beneficiaries, even so, such a Will requires probate.
What Is a Revocable Living Trust?
A private document you create during life to hold and manage assets. You typically act as your own trustee while able; a successor trustee steps in if you’re incapacitated or after death. With proper funding (retitling and beneficiary alignment), a revocable trust can bypass probate, maintain privacy, and control how and when beneficiaries receive assets.
Do I Still Need a Will If I Have a Trust?
Yes. A “pour-over” Will catches anything left outside the trust and names guardians for minor children. It works alongside your trust.
What Are the Essential Decision-Maker Documents?
A Durable Financial Power of Attorney for money/legal matters if you become incapacitated.
Health-care authority: Ohio uses a Health Care Power of Attorney (often paired with a Living Will). New York uses a Health Care Proxy (often paired with a separate Living Will).
These avoid court guardianship and keep the right people in charge quickly.
What Is a Living Will?
An advance directive stating your preferences for life-sustaining treatment if you are terminally ill or permanently unconscious and cannot communicate. It complements, not replaces, your health-care agent document.
How Do Trusts “Protect” Inheritances?
Protection comes from design. Keeping inheritances in trust (rather than outright) can help shield assets from a beneficiary’s divorces, lawsuits, and poor spending, and can support beneficiaries with special needs. You control who manages, when to distribute, and under what conditions.
Do Revocable Trusts Protect My Own Assets From Nursing Home Costs or Creditors?
Generally, no. If you keep control and access, the assets are usually considered yours. Certain irrevocable strategies may offer protection, but they involve trade-offs and strict timing rules. We’ll explain pros/cons for your personal situation.
What’s the Difference Between Medicare and Medicaid for Long-Term Care?
Medicare is health insurance and offers limited skilled-nursing benefits. Medicaid is needs-based and can pay for long-term nursing home care if you qualify financially. Rules differ by state and change over time.
If My Spouse Needs Nursing Home Care, Do We Lose Everything?
Not necessarily. Federal and state rules include spousal-protection allowances so the well spouse can keep certain assets. Proper planning can protect more and position the family for eligibility without spending everything first.
What Is Medicaid Planning?
Lawful planning to structure assets and income to qualify for Medicaid within the rules, often using trusts and timing strategies. We tailor approaches to Ohio or New York requirements and your goals.
What Does “Funding” Mean—and Why Is It Critical?
Funding is the step that turns documents into a working plan. Titles and beneficiary designations must match the design. We provide clear instructions and a Funding Table by asset and can coordinate with your advisor to finish the checklist.
How Often Should I Review My Plan?
Every 3–5 years, or sooner after major life events: marriage/divorce, birth/adoption, a move, new accounts, business changes, significant health changes, or the loss of a loved one. You can self-maintain and contact us as needed, or enroll in our optional TLC™ Maintenance Program for proactive reviews and easy updates.
Do My Beneficiary Designations Override My Will or Trust?
In Ohio, estates are handled in the Probate Court (a division of the Court of Common Pleas). In New York, estates go through the Surrogate’s Court. The names differ, but both courts supervise probate and certain guardianship matters.
What About Real Estate Titles—Anything Special to Know?
Titles vary by state. New York allows tenancy by the entirety for married couples on real property (and some co-ops), which can offer creditor protection for the non-debtor spouse. Ohio does not allow new TBE deeds; other survivorship or trust titling is used. We’ll align titles with your plan and goals.
Does My State Have an Estate Tax?
Ohio repealed its state estate tax for deaths on or after January 1, 2013. New York still imposes a state estate tax with its own exclusion amount and “cliff” mechanics. We’ll coordinate legal design with your tax and financial advisors.
How Do Retirement Accounts Fit Into Estate Planning?
Retirement accounts pass by beneficiary form and have special tax rules. Your trust can be drafted to receive them, but the language matters. We coordinate with your advisor on beneficiary strategy and distribution timing consistent with current law.
We Own a Business—Does That Change Our Plan?
Yes. Business ownership adds two kinds of risk to plan for. First, operational (inside) risk—claims that arise from the business itself—should be contained at the entity level through proper formation, governing documents, and corporate formalities so liability stays with the company. LLCs and corporations can help limit that exposure when they’re maintained correctly.
Second, personal (outside) risk—lawsuits against you individually—can threaten your ownership interests. We design your estate and asset-protection structure so personal creditors can’t easily reach the business interest, while you still receive income and preserve appropriate control.
Inside and outside liability risk can also be mitigated through the use of Single Purpose Asset Protection Trusts that isolate and compartmentalize risk related to specific assets.
We also align succession and control (voting rights, manager selection, disability/death triggers), buy–sell planning and funding (including insurance where appropriate), and beneficiary/titling coordination so the interest transfers efficiently without probate and stays consistent with your tax and cash-flow plan. During implementation, we review operating agreements/bylaws, confirm they permit transfers to trust, obtain any required consents, and then assign interests correctly—details that matter for maintaining the liability shield.
We’re a Blended Family—What Should We Consider?
Clarity and timing. Trusts can provide for a surviving spouse and preserve inheritances for children from prior relationships. We’ll tailor decision-makers, distribution timing, and safeguards to your family dynamics.
What About Special-Needs Beneficiaries?
A properly drafted special-needs trust can support a beneficiary without jeopardizing means-tested benefits. We’ll coordinate trustee selection, distribution standards, and public-benefits rules.
Do I Need to Plan for Digital Assets?
Yes. Include access instructions for important accounts (financial, email, cloud storage) and designate someone with legal authority to manage them.
What Makes Solace “Asset-Protection Specialists”?
We design plans that don’t just transfer assets—they defend them. That includes inheritance protection (divorce/creditor-resistant trusts), long-term-care strategies, and funding discipline so protection applies to real, titled assets. Your advisor is essential to ensure there are assets to protect, cash-flow to sustain the strategy, and beneficiary forms that align.
How Do Fees Work?
We use transparent flat fees quoted after your Vision Meeting based on the design you choose—not the size of your estate. You’ll know the investment before any drafting begins.
How Do I Get Started?
Begin with a brief Initial Call. We’ll confirm fit, outline next steps, and schedule your Vision Meeting. If you already have documents, bring them—we’ll review what fits and what needs attention.
Book an Initial Call today
Schedule your free consultation today and let’s create a plan that gives you peace of mind — and keeps you in control.