Client Reviews
At Van Ness Law we have provided individuals with high-quality representation and compassionate guidance. We approach every client with a focus on integrity, advocacy, and understanding.
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“I was also treated with respect and never felt ashamed or embarrassed because of the bankruptcy.”- Degra S.
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“He really made me feel relief...Can't thank him enough.”- Juanita B.
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“Such a sigh of relief to be on the other side of our situation now with all the help they provided.”- Keith C.
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Mr. Charles Van Ness is a great man to whomever is in need of his service I would strongly recommend him to you… even though I did not accomplish anything from the estate he did work hard to try and do so I appreciate the effort and blessings to his- Anna W.
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“Glad I found him. Great guy! Thank you for your help and for being so thorough.”- Former Client
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“I can’t thank Mr. Van Ness and the front desk ladies enough. You’ve taken a massive burden off of my chest that I’ve been dealing with for years.”- Sarah R.
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“He was professional, well spoken, efficient, and affordable.”- Kelley B.
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“Charles is very good at explaining the various aspects of the process and answers any questions in a timely manner.”- GN
What Is Included in Estate Planning?
A general estate plan includes several different types of documents that work together to ensure that a person's wishes are respected and their assets go to the people and organizations they intend. These documents include the following:
Trusts
Trusts are one of the most important tools for estate planning. A trust is an arrangement between the person who creates the trust and a trustee who controls the assets in the trust. The person who creates the trust is called the grantor or settlor. The trustee is the person or organization responsible for following the grantor's instructions about how to use the assets. The trust document itself is referred to as the trust agreement or trust document.
Trusts can be tailored to a variety of purposes, such as protecting your estate from excessive taxation, providing for loved ones with special needs, or ensuring that property is managed according to your wishes throughout different life stages. By creating a trust, you can also appoint a successor trustee who will manage the trust in the event of your incapacity or death, providing both continuity and security.
Wills
A will is a document that specifies how a person’s assets should be distributed after they die. The grantor is the person who creates the will, and the person who is in charge of carrying out the will is called the executor. The executor is the person who is given the responsibility of distributing the assets according to the will.
Crafting a thorough will can prevent family disputes and ensure that your personal and financial wishes are clearly outlined. A well-prepared will enables you to name guardians for minors, specify your funeral arrangements, and leave personal messages or gifts to family and friends. Regularly updating your will to reflect life changes, such as marriage, divorce, or the birth of children, is crucial to maintaining its effectiveness.
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Experienced and Effective Estate Planning Lawyers
Living Wills
A living will is a document that lets the people responsible for taking care of the grantor know what kind of medical care the grantor would want if they were unable to communicate their wishes. It is sometimes called a "healthcare directive" or an "advance directive."
Living wills are vital for making healthcare decisions ahead of time. They empower individuals to voice their preferences on life-sustaining treatments, thereby reducing the emotional burden on family members during difficult times. At Van Ness Law, we help our clients articulate their healthcare wishes clearly to ensure they are honored when the need arises, providing peace of mind and clarity for all involved.
Probate
Probate is the court process that is used to transfer a person's assets after they die. It is usually necessary to go through the probate process when there is no valid will or trust. The probate process can be complicated and time-consuming, so it is important to make sure that the necessary documents are in place to make it as easy as possible.
While probate can be viewed as a potential hurdle, it can also be an essential process for validating and executing the will, ensuring legal debts and taxes are paid, and distributing the remaining assets to rightful heirs. Partnering with knowledgeable lawyers who understand the intricacies of probate in Cuyahoga County provides an advantage as we navigate your estate through the process efficiently and effectively.
General estate planning is a complex process that involves several different types of documents. It is important to work with an attorney who is experienced in estate planning to make sure that the documents are correctly created and that the right people know where to find them if they are needed.
Planning for Business Owners in Cuyahoga County
For business owners, estate planning takes on additional complexities. It’s crucial to address the succession of your business interests, ensuring that your wishes are clearly documented. This includes the transition of ownership and leadership, as well as the handling of business assets. Without proper planning, your business could face disruptions, legal challenges, or even closure. Our team at Van Ness Law assists business owners in crafting strategies to protect their interests and ensure a smooth transition to the next generation of leaders or owners.
Estate planning for business owners in Cuyahoga County often requires a nuanced understanding of both personal and business law. Issues such as buy-sell agreements, estate taxes, and family business dynamics need careful consideration. By working closely with our legal team, business owners can implement plans that mitigate tax liabilities and provide for the future stability of their businesses. We also emphasize regularly updating these plans as laws change and businesses evolve.
Contact an attorney at (440) 650-1787 to schedule an initial consultation with a member of our firm today.
FAQs About Estate Planning in Cuyahoga County
What Are the First Steps in Estate Planning?
The initial phase in estate planning involves conducting a comprehensive inventory of your assets, including property, investments, and personal valuables. It’s important to identify your objectives, such as asset distribution, minimizing taxes, and appointing guardians for minors. Collaborating with an attorney from Van Ness Law can help you understand legal implications and ensure all documents are appropriately structured to meet your needs.
How Often Should I Update My Estate Plan?
Regular updates to your estate plan are crucial, particularly after significant life events such as marriage, the birth of a child, divorce, or a major change in financial status. Estate laws can also change, affecting your current plan's validity or effectiveness. Therefore, reviewing your plan with us at least every 3 to 5 years ensures it reflects your current wishes and complies with the latest legal standards.
What Happens if I Die Without a Will in Cuyahoga County?
If you pass away without a will, your estate enters the probate process, where the court decides on the distribution of assets based on Ohio’s intestacy laws. This may result in outcomes contrary to your personal wishes. A will can clearly articulate your intentions and help avoid lengthy legal proceedings. At Van Ness Law, we help ensure your legacy is preserved according to your desires.
Can Estate Planning Reduce Taxes?
Yes, estate planning can be tailored to minimize tax burdens through strategies like establishing trusts, gifting assets, and setting up charitable donations. These methods can significantly reduce the taxable portion of your estate, preserving more wealth for your beneficiaries. Our attorneys in Cuyahoga County are adept at designing plans that adhere to legal frameworks while achieving tax efficiency.
Why Is It Important to Have Both a Will and a Trust?
Combining a will and a trust in your estate plan offers comprehensive protection and control over your assets. A will ensures your intentions are recognized legally following your death, while a trust can manage assets during your lifetime and beyond, offering flexibility and potential tax benefits. At Van Ness Law, we can guide you in understanding the distinct advantages each provides, crafting a plan that aligns with your personal goals and legal needs.
Contact an attorney at (440) 650-1787 to schedule an appointment with an estate planning lawyer in Cuyahoga County to create the documents that you need.