Ohio Estate Planning FAQs — Straight Answers From Your Trust Man

If you're an Ohio homeowner, parent, caregiver, or business owner, the truth is simple:

If you don't make a plan, the State of Ohio will make one for you. And your family won’t like the results.

Below are the most common estate planning questions Ohio families ask — answered in clear, direct English by Attorney Edward Littlejohn.

1. Do I need a Will or a Trust in Ohio?

A Will is not enough. In Ohio, a Will still goes through Probate, which is slow, public, and expensive.
 A Trust avoids Probate, keeps your assets private, and transfers everything smoothly to your family.

2. How do I keep my family out of Probate in Ohio?

You need a properly drafted Revocable Living Trust. Adding your home, bank accounts, and key assets to the Trust allows them to pass without court involvement.

3. What happens if I die without a Will or Trust in Ohio?

Ohio law takes over. Your family must go through Probate, and the State decides who gets what. It rarely aligns with what you would have wanted.

4. Does a Will avoid Probate in Ohio?

No. Every Will must go through Probate.
 Only a Trust avoids Probate.

5. What is Probate?

Probate is a court process to transfer your assets after death. It often takes 6–18 months and costs families thousands of dollars in legal fees, court fees, and delays.

6. Why is Probate considered a nightmare?

Because Probate is:

  • Slow

  • Expensive

  • Public

  • Stressful

  • Filled with paperwork

  • Easily avoidable

With a Trust, your family avoids the entire process.

7. What is a Revocable Living Trust?

It’s a legal document allowing your assets to pass directly to your beneficiaries without Probate.
 It keeps you in full control during your lifetime and protects your family after your death.

8. What is a Medicaid Asset Protection Trust (MAPT)?

A MAPT protects your home and assets from nursing home spend-down. Once created, assets inside a MAPT are shielded from Medicaid after the 5-year lookback period.

9. How do I protect my home from nursing home costs?

You must transfer it into a Medicaid Asset Protection Trust BEFORE care is needed. Waiting too long limits protection.

10. Do I still need a plan if I’m married?

Yes. Your spouse does not automatically inherit everything. Without a Trust, the surviving spouse still may go through Probate.

11. What is a Special Needs Trust?

A Special Needs Trust protects benefits like SSI or Medicaid while still allowing you to leave money for a child or loved one with special needs without harming eligibility.

12. What documents do I need for a full Ohio estate plan?

Most families need:
 ✔ Revocable Living Trust
 ✔ Will (backup only)
 ✔ Power of Attorney
 ✔ Healthcare Power of Attorney
 ✔ Living Will
 ✔ Deed transfer
 ✔ Asset alignment into the Trust

13. How long does Probate take in Ohio?

Most cases last 6–18 months.
 Complicated cases can last years.

14. How much does Probate cost in Ohio?

Typically $4,000–$10,000.
Large for estates over $250,000. 

15. How does a Trust help blended families?

A Trust clearly controls:

  • Who inherits

  • How assets are divided

  • What goes to children vs spouse

It prevents future disputes.

16. Do I need a Trust if I own a business?

Yes. Without a Trust, your business can be frozen in Probate, stopping payroll, operations, and access.

17. Do homes pass automatically to children in Ohio?

No. Without planning, the home must be probated.
 Only a Trust or TOD (Transfer on Death) deed avoids Probate.

18. Can my family avoid Probate if I have joint accounts?

Not fully. Joint accounts don’t avoid Probate for everything — and they cause other issues (tax, liability, sibling disputes).
 A Trust is cleaner and safer.

19. How often should I update my estate plan?

Every 3–5 years, or after marriage, divorce, gaining assets, moving, or having children.

20. What’s the first step to creating a Trust in Ohio?

A consultation. We review your goals, assets, and family needs. Then we design a plan that keeps your family protected.

“Where there’s a Will there’s a way. Where there’s no Will, there’s Probate. But the BEST plan is a Trust plan — and I’m your Trust man.”

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