Estate Planning Options

Wills – Based Plan

A Will-based plan is a foundational option typically for young and single individuals with less than $500,000 in combined assets.   For those with children, this plan is often coupled with guardianship provisions outlined in a Testamentary Trust.  The Will-based plan also addresses an individual’s living will, power of attorney, and beneficiary designations.  This plan offers peace-of-mind and includes:

Trust – Based Plan

Do you need a trust?  The Trust-based plan implements everything covered under the Will-Based plan while also proving asset protection and probate avoidance.   The size of an estate does not always dictate the need for a trust; however, individuals with $500,000-1,000,000 often implement some form of family trust.    A family trust controls how and when your assets are to be distributed while protecting those assets against future lawsuits, divorce settlements, creditors of children, and more.  To be certain if a trust is necessary in your estate plan, take our 1 minute “Do I Need a Trust” Questionnaire.  Family trusts will vary, but a trust-based plan may include:

Wealth Protection

This trust-based plan includes estate tax strategies through advanced tax planning solutions.  It is recommended for those with a net worth of $10 million or more.  Depending on the individual’s needs, this plan may include an irrevocable trust and entity creation.  This plan is coupled with ongoing maintenance plan agreements including trust funding customized to the individual client.  The Advanced Tax Plan creates the highest degree of family wealth preservation and protection and often includes:

  • Pour – Over Will & Testament
  • Living Will
  • Guardianship for Minors (if needed)
  • Durable Power of Attorney
  • Healthcare Power of Attorney
  • HIPPA Authorization.
  • Revocable Living Trust
  • Irrevocable Living Trust
  • Trust Funding Instructions
  • Deed Preparation
  • Irrevocable Life Insurance Trust

Cleveland, Ohio Estate Planning Attorney

If you would like to learn more about the probate process or have questions regarding a trust or will, call Baron Law LLC who can help with your estate planning needs.  Call today at 216-573-3723.  You will speak directly with an Ohio attorney who can help you craft a will, trust, power of attorney and more.  Call Dan Baron at Baron Law LLC today for a free consultation.

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What’s the Difference Between a Will and Trust?

Most people have heard the terms “will” and “trust,” but not everyone knows the unique differences between the two.  Both trusts and wills are useful estate planning tools, but can serve different purposes.  Most importantly, both can work together to create a complete estate plan.

The main difference between a will and trust is that only a will passes through probate.  (Visit here for additional information on understanding probate).  Generally, probate is a process that involves the court who oversees the administration of the will and ensures the will is valid. The court will also administer the property making sure it gets distributed the way the deceased wanted.   Thus, an authenticated will will pass through probate while a trust most likely will not.  Courts do not need to oversee the distribution of a trust, which can sometimes save time and money.  In addition, many people favor a trust because they can be very private.  On the contrary, a will can sometimes become public record.

Wills and Trusts Attorney

Baron Law LLC will help you get your future in order – for yourself and for your loved ones. I provide a range of estate planning services including: drafting a will, planning for incapacity, probating an estate, obtaining the legal authority to care for someone, trusts, and more. It’s my job to make estate planning, estate administration, and transactional matters easy and less stressful.

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Can I Put My House In A Trust If It Has A Mortgage?

More and more people are becoming ever more concerned with either protecting their assets, maintaining eligibility for Medicaid, or leaving as much as possible to children and future grandkids. As such, more and more people are realizing the remarkable utility of trusts within their estate planning. One’s residence often represents the most significant asset an individual […]

What is the Difference Between a Trust and a Will in Estate Planning?

What is a Will? A will is a basic document outlining your wishes for your estate. It identifies an executor of your estate and provides the opportunity to divide your assets among your beneficiaries. This tool allows you to control the future care for any minor children and division of your assets. Without a will, […]

Special Needs Self Settled Trusts

The Three Flavors of Special Needs Trusts: #3 Self-Settled Trusts

The federal “Special Needs Trust Fairness Act,” enacted in December of 2016, changed the law to allow individuals with special needs to create their own special needs trust. Ohio law, in response, has changed to coincide with this recent change. Currently, a mentally or physically disabled person may create a self-settled trust to hold their […]

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The Three Flavors of Special Needs Trusts: #2 Pooled Trusts

Baron Law LLC, Cleveland, Ohio, offers information for you to reflect upon while you are setting out looking for an estate planning attorney to help protect as much of your assets as you can. For more comprehensive information contact Baron Law Cleveland to draft your comprehensive estate plan to endeavor to keep more of your […]

Special Needs Trusts

The Three Flavors of Special Needs Trusts: #1 Third-Party Trusts

Estate Planning law firm Baron Law Cleveland offers the following part 1 of a three part series of explaining the difference trusts available for those who have loved ones with Special Needs.  Dan Baron of Baron Law can advise what is best trust for your situation as the trusts are as individual as your loved […]

Why Do I Need a Family Trust as Part of My Estate Planning?

At Baron law, we help you and your loved ones plan for the future. We provide legal advice in estate planning, real estate, business law, divorce, and landlord/ tenant law. One of the most important ways that we help you plan for the future is with family trusts. What is a Family Trust? A family […]

Special Needs Trusts

Unique Needs, Unique Solution: Supplemental Services Trusts

As with most persons with special needs and disabilities, the name of the game is to pay it forward. Unplanned and unthought out self-sacrifice, however, are rarely the proper ways to go about anything. Unfortunately, those families with loved ones with particularly debilitating diseases or affiliations are often solely focused on the here and now […]

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What Is The Difference Between A Living And Testamentary Trust?

Your estate plan consists of many documents and covers a lot of bases. From protecting assets from creditors and litigants to avoiding probate, a comprehensive estate plan protects you while you’re living and provides for loved ones after death. Because estate plans are, by design, comprehensive, a lot of legal jargon is thrown around and […]

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What Is A Revocable Trust?

Cleveland, Ohio estate planning lawyer, Daniel A. Baron, offers the following information as to whether or not you should have a Revocable Trust as part of your comprehensive estate planning. When you decide it is time to do your estate planning, one decision to make is: Do I Need A Trust? If the answer is […]

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Common Reasons Why Family Trusts Are Important

Baron Law LLC, Cleveland, Ohio, offers information for you to reflect upon while you are setting out looking for an estate planning attorney to help protect as much of your assets as you can. For more comprehensive information contact Baron Law Cleveland to draft your comprehensive estate plan to endeavor to keep more of your […]

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Terminating Irrevocable Trusts I: Changing What Can’t Be Changed

Baron Law LLC, Cleveland, Ohio, offers information for you to reflect upon while you are setting out looking for an estate planning attorney to help protect as much of your assets as you can.  For more comprehensive information contact Baron Law Cleveland to draft your comprehensive estate plan to endeavor to keep more of your […]

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How Can I Amend An Existing Will?

Cleveland, Ohio, estate planning lawyer, Daniel A. Baron, Ohio, offers the following information on what documents are necessary for you to provide your attorney when sitting down to establish your comprehensive estate plan.   One of the primary goals of drafting a will is to encapsulate the entirety of a life’s material assets and leave instructions […]

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Dying Without A Will – A Mess for Your Family To Clean-up

Baron Law LLC, Cleveland, Ohio, offers information for you to reflect upon while you are setting out looking for an estate planning attorney to help protect as much of your assets as you can. For more comprehensive information contact Baron Law Cleveland to draft your comprehensive estate plan to endeavor to keep more of your […]

I’ve Changed My Mind, How Do I Modify Or Revoke My Trust?

Baron Law LLC, Cleveland, Ohio, offers information for you to reflect upon while you are setting out looking for an estate planning attorney to help protect as much of your assets as you can.  For more comprehensive information contact Baron Law Cleveland to draft your comprehensive estate plan to endeavor to keep more of your […]

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What is Probate?

Cleveland, Ohio, estate planning law firm, Baron Law LLC, Cleveland, Ohio, offers information for you to reflect upon while you are setting out looking for an estate planning attorney to help protect as much of your assets as you can.   For more comprehensive information contact Baron Law Cleveland to draft your comprehensive estate plan to endeavor […]

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You Have Been Appointed Executor, What Do You Do?

Cleveland, Ohio, estate planning lawyer, Daniel A. Baron, Ohio, offers the following information on what your duties are as an executor of an estate.  Contact Daniel A. Baron of Baron Law to answer all your questions on what your duties are and to help guide you through the events that will be taking place and […]

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Executor’s Duties – When Should Debts Be Paid?

Cleveland, Ohio, estate planning law firm, Baron Law LLC, Cleveland, Ohio, offers the following information on what your duties are as an executor of an estates and  when you need to pay all debts of the estate.   Contact Baron Law Cleveland to answer all your questions on what your duties are and to help guide your through […]

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Spousal Rights – Are You Forced To Take What Is Bequeathed?

Cleveland, Ohio, estate planning law firm, Baron Law LLC, Cleveland, Ohio, offers the following information on how to handle your spouses will after they pass.   Are you forced to take what is left to you?  Contact Baron Law Cleveland to answer this question and any other questions you may have on wills and probate.   Humans are […]

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Procedures To Shorten Or Avoid Probate Of An Estate

Cleveland, Ohio, estate planning lawyer, Daniel A. Baron, Ohio, offers the following information on what types of probate procedures shorten or avoid the need to probate and estate when speaking with your attorney when you are establishing your comprehensive estate plan. When an individual dies, their “probate assets,” such as property not dispensed via beneficiary designations, transfer on […]

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Knowledge Is Power – Why Knowing The Difference Between Irrevocable And Revocable Trusts Is Critically Important.

Cleveland, Ohio, estate planning law firm, Baron Law LLC, Cleveland, Ohio, offers the following information on the differences between a Revocable Trust and an Irrevocable Trust.  Contact Baron Law Cleveland to ask and have answered your questions on what the differences are and what would suit your needs best. Your estate plan consists of many documents and […]

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Estate Planning – Documents I Should Provide My Attorney

Cleveland, Ohio, estate planning lawyer, Daniel A. Baron, Ohio, offers the following information on what documents are necessary for you to provide your attorney when sitting down to establish your comprehensive estate plan. “Be prepared.” Boy Scouts of America A recent survey taken by the AARP found that 3 out of every 5 Americans have no […]

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Probate Is Expensive And Time-Consuming. Here Are Ways To Avoid Probate

Cleveland, Ohio, estate planning law firm, Baron Law LLC, Cleveland, Ohio, offers the following information on you can avoid probate when you are thinking of establishing your comprehensive estate plan. All too often people draft a last will and testament, shove the document in a safety deposit box at the local bank, and never give it […]

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What Is An Estate Plan, Part I – Death Documents?

Baron Law LLC, of Cleveland, Ohio, offers the following information on different components of an Estate Plan.  To see what plan is best suited for your needs, contact Baron Law, LLC, Cleveland, Ohio. By failing to prepare, you are preparing to fail.” Benjamin Franklin Estate planning is a concept that many people know about, but […]

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Qualified Personal Residence Trusts

Cleveland, Ohio, estate planning lawyer, Daniel A. Baron, Ohio, offers the following information on whether a Qualified Personal Residence Trust should be part of your comprehensive estate planning. For wealthier families, a great tool to manage your future tax savings would be to transfer the liability of owning a property for which you may end […]

Planning for Married Couples Using Portability and Bypass Trusts

Planning for Married Couples Using Portability and Bypass Trusts  As Seen Published in the Cleveland Metropolitan Bar Journal Significant expansion of the federal estate tax exclusion has dramatically changed how estate planning professionals plan for married couples.   In 2000 when the federal estate tax exclusion was merely $675,000 and federal tax rates peaked at fifty-five […]

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Ohio’s Right to Disposition – Who Has Final Say?

Cleveland, Ohio, Estate Planning lawyer, Daniel A. Baron, of Cleveland, Ohio, offers the following information on the issue of your Rights to Disposition after you pass. Imagine if you will, your Uncle Harry has passed away and although he had specific wishes on what to do with his remains, there are others in a packed […]

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Irrevocable Life Insurance Trust – Is It Right For You?

Cleveland, Ohio, Estate Planning lawyer, Daniel A. Baron, of Cleveland, Ohio, offers the following information on establishing an Irrevocable Life Insurance Trust (ILIT). Is it the right fit for you when creating your estate plan? When you think about life insurance, you typically are going to use this as a vehicle to plan for the […]

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Do I need a Trust?

Exploring whether you need a trust may be answered below visiting this questionnaire: DoIneedaTrust.com.   In addition, you may find the following information written by Cleveland, Ohio estate planning lawyer Daniel A. Baron useful. Even if your name isn’t Bill Gates or Warren Buffet, it does not necessarily mean that the need for you to establish […]

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What Is A Credit Shelter Trust?

Cleveland, Ohio estate planning lawyer, Daniel A. Baron, of Cleveland, Ohio, offers the following information on what a Credit Shelter Trust is and should it be part of your comprehensive estate planning. If you are married and an investor, for example, consider establishing a Credit Shelter Trust. This can also be referred to as an […]

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Why Do I Need A Guardianship?

Cleveland, Ohio, Estate Planning and elder law attorney, Daniel A. Baron, offers the following information on creating a Children’s Testamentary Trust for your loved ones. Is it the best option for you when creating your estate plan? Most people understand and realize that they should name a Legal Guardian for their minor children. However, many […]

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The Importance of an Elder Law Attorney

Cleveland, Ohio estate planning attorney, Daniel A. Baron, offers information on the importance of having an Elder Law Attorney to help plan for your future: Elder law attorneys are sometimes considered “authorities” as, although they can handle a wide range of other legal issues, they primarily focus on the needs of older adults and also […]

AN AB Trust – What are the benefits for your estate?

Cleveland, Ohio estate planning attorney, Daniel A. Baron, offers information on an AB Trust and the benefits realized from including this as part of your Tax and Estate Planning: For Tax and Estate Planning purposes, as a married couple, maximize the use of your Federal Estate Tax Exemptions through the utilization of an AB Trust. […]

Medicaid Planning

Applying for Medicaid? Here’s What You Need to Know About Activities of Daily Living vs. Instrumental Activities of Daily Living

Cleveland, Ohio estate planning and elder law attorney, Daniel A. Baron, offers the following information on the definition of ADL’s and IADL’s and how to plan on Long Term Care as part of your Estate and Medicaid Plan: As we are all well aware, there is only one alternative to aging. If you are fortunate […]

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The Definition and Role of an Executor of an Estate

Cleveland, Ohio estate planning attorney, Daniel A. Baron, offers the following information on the Definition and Role of an Executor of your Estate.   Being named and then carrying out the duties of an executor can be one of life’s most frightening tasks however; keep in mind that this is also an honor. Being named […]

Cleveland, Ohio estate planning attorney

Grantor vs Non-Grantor Trusts

Cleveland, Ohio estate planning attorney, Daniel A. Baron, offers information on the differences between and Grantor and a Non-Grantor Trusts and further considerations to as part of your Tax and Estate Plan: Understanding tax benefits and pitfalls of a trust and putting together a trust which is most beneficial for your personal situation is best […]

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The Marital Deduction – What are the benefits?

Cleveland, Ohio estate planning attorney, Daniel A. Baron, offers information on The Marital Deduction as well as other Tax Planning Advice and what to make part of your Estate Planning. What are the benefits? The most important deduction a married couple has is the The Marital Deduction.  The amount of assets which can be passed […]

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QDOT – What is it and should I have one?

Cleveland, Ohio estate planning attorney, Daniel A. Baron, offers information on a Qualified Domestic Trust and the benefits realized from including this as part of your Tax and Estate Planning:     The specific goal of a Qualified Domestic Trust (or QDOT) is to defer Federal Estate Tax on assets which are transferred from a […]

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What is a Trust Protector?

Cleveland, Ohio estate planning attorney, Daniel A. Baron, offers information on a Trust Protector and their Role and benefits realized as part of your Comprehensive Estate Plan: Who is a Trust Protector? As it sounds, a Trust Protector is appointed to oversee the assets in the trust and to protect against the trustees so that […]

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What’s the Difference Between a Living Will and Last Will and Testament?

Cleveland, Ohio estate planning attorney, Daniel A. Baron, offers the following helpful answers to your questions about the difference between a Living Will and a Last Will and Testament. Confusing these terms happens quite frequently as there are those that think that these are one in the same, however, they are entirely two distinct legal […]

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Revocable Living Trusts

Cleveland Estate Planning and Trust Attorney Dan A. Baron Offers the Following on Revocable Living Trusts: Revocable living trusts are used to control assets left to beneficiaries after the death of the creator.  Unlike testamentary trusts which are funded after the death of the testator, revocable living trusts are funded during the trustmaker’s lifetime.   Because […]

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QTIP Trusts – Estate Planning for Those With Children From a Prior Marriage.

Cleveland, Ohio Estate Planning and Elder Law Attorney offers the following: The main benefit of a Qualified Terminable Interest Property Trust is being able to control your estate after your gone.  In addition, there are several tax advantages for larger estates. Each spouse can set up a QTIP trust, leaving assets to the other in […]

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Testamentary Trusts

Cleveland, Ohio Estate Planning Attorney Dan A. Baron offers the following on Testamentary Trusts. Testamentary trusts are a great way to plan and safeguard your assets for minor children.  In other uses testamentary trusts can be used for beneficiaries with addictions or disabilities.   Unlike most trusts, testamentary trusts are incorporated into your last will and […]

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Difference Between a Trustee and Executor Within a Testamentary Trust

Cleveland, Ohio Estate Planning Dan A. Baron Explains the Difference Between an Executor and Trustee: Estate planning can be complicated and sometimes difficult to bear when charged with the responsibility as executor or trustee of an estate. If you have minor children, then you probably have set up some form of testamentary trust coupled with […]

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Utilizing “QTIP” Trusts for Families in Second Marriages

Utilizing “QTIP” Trusts for Families in Second Marriages Estate planning in second marriages can be especially complicated when trying to secure the well-being of loved ones from a previous marriage. Much of the complexity arises from rights granted to a surviving spouse. In Ohio, spouses (male or female) are entitled to dower and elective share […]

How Will Trump’s Presidency Affect Your Trust?

How will Trump’s Presidency Affect Your Trust? With the impending inauguration of Donald Trump as our nation’s president, we would all be wise to prepare for a more conservative economic landscape that will likely include the elimination of some gift and estate taxes, lower overall rates, and new deductions. Particularly, if Trump moves forward to […]

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Advantages of Establishing a Trust

There are many estate planning tools out there.  But simply put, a trust is an estate planning tool that allows you to plan in advance.  A trust allows you to control your assets even after your death and may allow for certain tax advantages as well as privacy and the avoidance of probate. There are […]

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What is a Trust?

Cleveland, Ohio Trust Attorney What is a trust?  What is the difference between a revocable trust and an irrevocable trust?  Why might my estate plan include either one? Simply put, a trust helps manage your assets and provides clarity for the future.  A trust is a tool that may be used to achieve your financial […]

Bypass Trusts

Ohio Bypass Trusts – Cleveland, Ohio Attorney

Cleveland, Ohio Trust Attorney Ohio Bypass Trusts Bypass trusts, or “credit shelter” trusts, have historically been an important estate planning tool that shields probate assets against estate taxes.  Most often, a bypass trust is found in your spouse’s will.  Each spouse directs that if you are the first spouse to die, then your solely owned […]

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Living Trusts vs. Testamentary Trust

Living Trusts vs. Testamentary Trusts Cleveland, Ohio Estate Planning Attorney Dan Baron: If you’re planning for your Ohio estate plan, then you’re probably lost among the many estate planning terminologies. However, there are numerous estate planning methods to provide safety and security for your family.  There are many ways to achieve this including living trusts, […]

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Estate Planning – Protecting your Children Through Testamentary Trusts

From Cleveland, Ohio Estate Planning Attorney Dan Baron: Estate planning attorneys will tell you that testamentary trusts are a great way to protect your children and plan for your estate.  Below are 10 things to know about testamentary trusts and how they might fit into your estate plan.  To learn more, contact Cleveland, Ohio estate […]

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What is a Charitable Remainder Trust?

Unique Estate Planning Methods to Secure a Lifetime of Income, Save Taxes, & Benefit the Community Most people planning for their retirement have a misconception that charitable giving is only for the wealthy.  However, there are several estate planning tools that can benefit your favorite charity while also earning you steady stream of income.  One […]

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What is the Difference Between a Trust and a Will?

This blog will help you understand some of the core differences between a will and trust, but it is not intended to provide legal advice.  If you’re planning for your estate, contact Dan Baron at Baron Law LLC. Call and speak directly with an attorney at 216-573-3723. Most people have heard the terms “will” and […]