Probate Attorneys in Dayton

Serving Families in Montgomery, Greene, Warren, Clark & Miami Counties

Estate and probate matters can be extremely complicated. At Rion, Rion & Rion, our goal is to help you take advantage of the estate planning tools available to you and to guide you through probate processes with ease. We encourage you to consult with our Dayton probate attorneys today.

Guardianship

A guardianship is a court-supervised administration for a minor under the age of 18 or an incapacitated adult.

An incapacitated adult is an adult over the age of 18 who is unable to

• Provide food, clothing, or shelter for him or herself
• Care for his or her own physical health
• Manage his or her financial affairs due to a physical or mental condition

The person who is subject to the guardianship is called the “ward,” and the person appointed to act on the ward’s behalf is the “guardian.”

There are two types of guardianships. A guardian of a person is appointed by the court to take care of the ward’s physical well-being. A guardian of the estate is a guardian appointed by the court to manage the ward’s financial affairs. Generally, both types of guardianships are required for the ward. Guardianship proceedings are generally complicated and require attorney involvement. The attorneys at Rion, Rion & Rion understand that clients seeking guardianship are facing a difficult and stressful time and are dedicated to representing their clients with empathy and compassion.

Trusts

A living trust is an agreement between a settlor or grantor and a trustee made during the grantor’s lifetime. The trust agreement determines how assets placed in the trust will be managed and distributed. Trusts can be revocable or irrevocable.

A revocable trust provides for the management of your assets during your lifetime and names someone responsible for them if you become disabled. You are able to determine how your assets are to be managed through written instructions in the trust. Trusts also help to avoid expenses of probate upon your death through instructions for the distribution of your assets without court proceedings. With special planning, a trust can help lower inheritance tax and set special provisions for minors. Revocable trusts are also subject to termination according to the terms of the agreement. Irrevocable trusts can provide substantial estate tax savings or shelter assets from uninsured medical expenses such as nursing homes. Irrevocable trusts cannot be changed or canceled.

Estate Administration

The administration of estates involves the settling of debts and the transfer of assets. Following the death of a loved one, the estate administration process should be handled with minimal conflict and stress. Success in the administration process requires open communication and fairness to balance the interests of everyone involved. The assistance of a skilled estate lawyer is often very beneficial.

Rion, Rion & Rion has significant experience in estate administration, including the drafting and filing of all necessary pleadings, preparation of creditors’ claims, and preparation of state and federal estate tax returns. It is important to put all of the pieces together to facilitate a favorable outcome for the family.

This typically includes:

• Counseling executors and administrators
• Helping family members share important information (wills, trusts)
• Drafting and filing all paperwork
• Responding to creditors’ claims and settling debts
• Preparing state and federal estate tax returns
• Making sure assets are distributed to beneficiaries
• Helping family members avoid conflicts that could lead to litigation
• Representing family members in negotiation

Wills

As part of an estate plan, a will can be used to distribute property after death according to the wishes of the deceased. Wills can also serve to prevent family disputes, avoid taxes, and nominate a guardian for surviving minor children.

Preparing a will is an important step as you experience significant life changes. Whether the life change is marriage, divorce, the birth of children, retirement, a sudden change in wealth, or any other event that changes your life, you need to plan for what will happen after you are gone.

If you have questions about how to write a will or update a will, we can help. At Rion, Rion & Rion, we can prepare a will that meets your family’s specific needs. An experienced estate planning lawyer in Dayton can be a valuable resource when preparing your will. We take into account every relevant aspect of your financial and relational situation. We can also review your existing will to make sure that it meets your current needs.

Contested Wills

The settlement of an estate can be the basis of a conflict turning into a legal battle. The attorneys at Rion, Rion & Rion are experienced at resolving inheritance disputes.

We can handle cases involving:

• Wills that were allegedly changed to benefit a family member
• Heirs who were disinherited
• Accusations of fraud
• Undue influence on a decedent
• Validity of a will due to “sound mind” issues

Power of Attorney

Power of Attorney is a powerful tool allowing another person to make decisions for you, even if you lose mental capacity and the ability to make decisions yourself. That person must be at least 18 years old and understand the nature and effect of the document. The scope of a power of attorney can be broad or very limited and specific.

Without a power of attorney, the power to handle a person’s business, legal, and financial affairs will have to be determined by a court of law in the event of the loss of mental capacity. By granting another person power of attorney, the process of decision-making in the event of mental illness or incapacity can be eased. With the help of Rion, Rion & Rion, you can live with peace of mind knowing that your affairs will always be in order.