This is a true story about two sisters caring very much for one another and trying to do the right thing. And about how one person using the services of a trust attorney in Cincinnati can make a difference in the lives of two people.
The two sisters were savvy enough to understand that dying without a will can cause significant issues for those left behind. Neither wanted to put the other in the position of dealing with courts by dying intestate (dying without a will). They’d heard that when someone dies intestate, the state takes over and decides how assets will be distributed. In the case of the two sisters, let’s call them Mary and Jane, that would have been an even bigger problem because they have two estranged siblings they’d not seen in years. So, if either of them died without a will, the courts would likely have wanted to divide up assets evenly among the three remaining siblings.
Neither of the sisters wanted that. Mary, the older sister, decided to take action first. She hired an attorney (Mary lives out of state, not here in Cincinnati, so I don’t know if the attorney was an estate planning and trust attorney) and had her will drawn up, leaving the bulk of her assets to her sister Jane. She felt good about her decision, knowing she had protected Jane. She mailed a copy of the will to Jane for her files.
Jane appreciated her sister’s efforts to spare her the trouble it would have caused had Mary died without a will. She made a mental note to reciprocate. All she needed to do was make an appointment with the estate planning and trust attorney in Cincinnati. But as we all know, life gets in the way, and Jane didn’t make the appointment for over a year. Actually, she would tell you that it was COVID-19 and all the fear related to it, that finally spurred her to action. She made the appointment with an estate planning and trust attorney to draw up her will.
Full disclosure: I was that attorney.
Jane and I talked about the situation, her goals in creating her will, about her estranged siblings, and wanting to protect Mary. I am always happy to provide whatever my clients need. However, I feel it is my responsibility to help them understand what legal tools are available to protect their hard-earned assets and their loved ones. So I explained that a will is a great start but that she might also want to consider what a trust can do for her, not only after she dies but while she is still alive. The significant benefit is that the trust would help Mary avoid probate, but there are other benefits too. And when a client sets up an estate plan with a trust etc., it usually includes essential legal documents such as a Power of Attorney and Healthcare Directive. Once Jane understood the benefits of a trust as well as the will, she asked me to help her create an estate plan, including the trust and will.
The good news is that once Jane’s estate plan was completed, she was able to share not only copies of all the pertinent documents with Mary but also explain the key benefits of using an estate planning and trust attorney to help her.
I recently learned from Jane that once Mary understood the full scope of what Jane had, she worked with a trust attorney to create her own estate plan with a trust, will, and other critical legal documents. Now both sisters enjoy peace of mind knowing that whatever the future holds for them, they have made the loving choice for one another.
In summary, this story illustrates the difference between hiring an estate planning and trust attorney and just an attorney happy to draft a will for you. Perhaps Mary’s attorney didn’t spend enough time with her to understand her situation and goals. I was pleased that by helping one sister, I helped them both. In fact, Jane suggested that I tell their story so that others could benefit from understanding why hiring the right kind of estate planning and trust attorney is so important. I’d be delighted to help you with your estate planning and trust needs here in Cincinnati. Feel free to call me at 513-399-7526 or visit my website www.davidlefton.com