Wills and Trusts Attorney Serving Toledo and Lucas County
Most people put off estate planning because it feels complicated or like something only wealthy families need. The reality is simpler: if you own property, have children, or want any say in what happens to your assets, you need a plan. Our estate planning attorneys help Toledo-area families create wills and trusts that are clear, legally sound, and built around how your life actually looks — not a one-size-fits-all template.
What's the Difference Between a Will and a Trust?
Both documents direct where your assets go after you die, but they work differently and serve different purposes. Understanding that difference is the starting point for building a plan that actually fits your situation.
A last will and testament is a legal document that names who receives your property and, if you have minor children, who will raise them. In Ohio, a valid will must be signed in the presence of two witnesses. After your death, it goes through probate court — a public process that can take months and carries associated legal and court costs before your family sees a dollar.
A revocable living trust holds your assets during your lifetime and transfers them directly to your named beneficiaries after your death — without going through probate at all. You remain in full control of the trust while you're alive. You can change it, add to it, or revoke it entirely. The difference in what your family experiences on the other end can be significant.
Why a Trust Isn't Just for the Wealthy
There's a common assumption that trusts are complicated legal instruments designed for people with seven-figure estates. That hasn't been true for a long time. Revocable living trusts in Ohio are regularly used by middle-income families for straightforward, practical reasons — and the cost of setting one up is often less than one year of probate court fees and delays.
A trust may be the better choice when:
- You own real estate or multiple properties
- You have children from a prior relationship or a blended family
- You want your estate to remain private — probate records are public in Ohio
- You have minor beneficiaries who shouldn't receive a lump sum at 18
- You want your family to avoid a drawn-out court process during an already difficult time
If any of those apply to you, a trust conversation is worth having. We'll tell you plainly whether it makes sense for your situation.
Ohio's Pour-Over Will: When You Want Both
Many of our clients use a revocable living trust as the foundation of their estate plan — and pair it with what Ohio law calls a pour-over will. This document acts as a safety net. If any assets are outside the trust at the time of your death — property you forgot to transfer, a newly acquired account — the pour-over will directs those assets into the trust automatically.
The result is a coordinated plan where your trust handles the bulk of your estate outside of probate, and the will captures anything that didn't make it in. Together, they close the gaps that leave families dealing with unintended complications.
What We Draft for Estate Planning Clients
Last Will and Testament
We draft wills that meet Ohio's execution requirements — signed, witnessed, and structured to hold up if challenged. We also make sure the document reflects your actual intentions: who receives what, in what shares, and under what conditions. If you have minor children, we address guardianship directly.
Revocable Living Trust
A properly drafted revocable trust names you as trustee during your lifetime, designates a successor trustee to step in when needed, and identifies your beneficiaries with precision. We walk you through funding the trust — the step most people miss — so that your assets are actually titled in the trust's name and the probate-avoidance benefit holds.
Testamentary Trust
For families with minor children or beneficiaries who need structured distributions over time, a testamentary trust is created inside your will and takes effect at death. It allows you to set conditions — such as funds being held until a child reaches a certain age or completes a degree — without requiring a separate trust document during your lifetime.
Pour-Over Will
When paired with a living trust, the pour-over will ensures that assets outside the trust at your death are directed into it, rather than passing through intestate succession or creating a separate probate estate. It's a coordination tool, not a standalone document.
Beneficiary and Ownership Review
One of the most overlooked parts of estate planning is making sure your account designations and property titles actually match your plan. A will or trust can be perfectly drafted and still be undermined by a retirement account with an outdated beneficiary or a property held in the wrong name. We review what you have and flag anything that needs to be updated.
The Problem with DIY Wills
Ohio law requires that a will be signed in the presence of two witnesses. Holographic wills — handwritten and unwitnessed — have strict validity requirements and are among the most frequently contested documents in probate court. An online template filled out at the kitchen table may feel like a plan, but it often isn't one that holds.
A will drafted and executed by an attorney eliminates the most common validity challenges before they arise. Your family shouldn't have to prove in court that you meant what you wrote.
A free consultation costs you nothing and gives you a clearer picture of where you stand. Call us at 419-829-2255, use our online contact form, or stop by our office in Sylvania. Evening and weekend appointments are available.
Wills and Trusts: Common Questions
Do I need a trust if I already have a will?
Not necessarily — but it depends on your goals. A will alone requires probate in Ohio, which takes time and costs money. If avoiding that process matters to you, or if you have real estate, minor children, or a blended family, a trust often makes more sense. We can help you figure out which approach fits your situation.How much does it cost to have an attorney draft a will or trust in Ohio?
Costs vary based on the complexity of your estate and what documents you need. What we can tell you is that the cost of a professionally drafted trust is frequently less than the court costs and attorney fees a family pays to move an estate through probate. We discuss fees during your free initial consultation.Is a handwritten will valid in Ohio?
Ohio does recognize holographic wills under limited circumstances, but they face a much higher bar for validity and are frequently challenged in probate court. A properly witnessed and attorney-drafted will is far more likely to hold up exactly as you intended.What happens if I die without a will in Ohio?
Ohio's intestate succession laws determine who inherits your assets — and the result may not match what you would have chosen. A surviving spouse, children, and other relatives receive shares according to a fixed statutory formula, regardless of your relationships or intentions. A will puts you back in control of that decision.How do I make sure my trust actually avoids probate?
The trust must be properly funded — meaning your assets need to be retitled in the name of the trust. A trust document alone isn't enough. If your home, bank accounts, or investment accounts are still in your personal name at death, they may still go through probate. We walk every client through the funding process so the plan works the way it's supposed to.
How Trusts Connect to Probate
A properly funded revocable trust passes assets directly to your beneficiaries outside of probate court. That means no months-long court process, no public filing of your estate's contents, and no legal fees eating into what you intended to leave behind. For families with real estate or accounts across multiple categories, the difference is meaningful.
Our estate planning page and our probate page both address this in more detail — but the short version is this: a trust is the most reliable way to keep your estate out of probate in Ohio, and it works only if it's properly drafted and funded. We handle both.
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What sets your approach apart?
Our attorneys combine academic rigor, industry leadership, and a deep understanding of complex legal landscapes to deliver strategies uniquely tailored to each client.
How do you handle intricate legal challenges?
We thrive on complexity, leveraging decades of experience to uncover solutions others might miss. Every case is approached with precision, diligence, and creativity.
What kind of communication can clients expect?
We prioritize direct and consistent communication, offering clear updates and actionable insights throughout the legal process, so you remain confident and informed.
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We build enduring relationships by aligning with our clients’ long-term objectives, acting as trusted advisors who guide and support through every phase of their ventures.
What can I expect during my consultation?
Your initial consultation will involve an in-depth discussion of your goals and challenges, allowing our attorneys to outline tailored strategies and next steps. See below for a typical process cadence.
