Wiles Richards Wiles Richards 2026-07-24T22:45:34Z https://www.wilesrichards.com/feed/atom/ WordPress /wp-content/uploads/sites/1304234/2020/03/cropped-favicon-32x32.png On Behalf of Wiles Richards <![CDATA[Fair v. Fighting: How to protect your interests without turning divorce into war]]> https://www.wilesrichards.com/?p=47608 2026-07-24T22:45:34Z 2026-07-24T22:45:34Z Divorce is rarely easy, and it is completely normal to feel angry, betrayed or anxious about your future. You deserve to protect what is rightfully yours. But there is a critical difference between fighting for what is fair and fighting just to fight. Understanding this distinction can save you thousands of dollars, months of stress and your emotional wellbeing.

What "fair" actually means in Ohio

Many people enter divorce believing fair means equal, but Ohio law sees it differently. Ohio is an "equitable distribution" state, which means marital assets are divided fairly — not necessarily 50/50. Courts consider factors like marriage length, each spouse's earning capacity, contributions to the marriage (including homemaking) and the economic circumstances of both parties. Fair basically means you receive what the law considers reasonable based on your specific situation. 

Common traps that escalate conflict

When emotions run high, certain behaviors can transform a difficult process into all-out war. It is important to avoid common traps such as:
  • Posting about the divorce on social media
  • Making threats about custody or finances during arguments
  • Filing motions without warning in an attempt to catch the other party off-guard
  • Refusing to communicate except through attorneys for minor issues
  • Using children as messengers or leverage
These tactics might provide some level of satisfaction in the moment, but they damage credibility with the court, increase legal fees and prolong the process. Judges notice hostile behavior and it rarely works in the aggressor’s favor.

Practical alternatives that protect your interests

You can be strategic without being destructive. Smart strategies can include:
  • Identify your top three priorities before negotiations begin
  • Communicate in writing when emotions are high to stay calm and clear
  • Document everything but avoid inflammatory language
  • Focus on future stability rather than past grievances
It is important to use smart strategies to get your fair share during divorce. 

When to fight

There are times when negotiations and patience make sense, and times when you need to defend your interests. If you believe that the other party is hiding assets, failing to be forthright or otherwise attempting to thwart the divorce process it is imperative to seek legal counsel. An attorney will advocate for your interests and better ensure you receive a fair outcome so you can move on with your life after you finalize the divorce. ]]> On Behalf of Wiles Richards <![CDATA[Moving to Ohio? Why you need to update your estate plan right away]]> https://www.wilesrichards.com/?p=47607 2026-06-26T15:29:11Z 2026-06-26T15:29:11Z Ohio handles probate differently than you might think Every state has its own probate rules and procedures. The probate process from your former state may look very different from Ohio's requirements. For example, Ohio courts use specific timelines and require certain documents that might clash with your current estate papers. On top of that, an executor you appointed from another state cannot legally serve in Ohio courts unless they are related to you by blood, marriage, or adoption. These differences can slow down how quickly your family receives assets and raise costs during an already tough time.

Hospitals may not accept your healthcare directives

Medical facilities in Ohio must follow state-specific rules for advance directives and healthcare powers of attorney. Documents you created under another state's laws might not meet the requirements for:
  • Witness signatures and notarization standards
  • Specific language about life-sustaining treatment
  • Healthcare agent authority and limitations
  • HIPAA authorization provisions
Without proper Ohio-approved documents, your family could face serious difficulties making critical medical decisions for you when you need them most.

Owning property in multiple states creates extra problems

When you own real estate and business interests across state lines, your estate plan becomes more complicated. Ohio law controls how your in-state property transfers after death, no matter where you created your original documents. Meanwhile, investment properties in other states still follow those states' laws. This situation often forces your family to go through probate proceedings in multiple states. Your current plan might not handle these multi-state issues well, potentially creating unnecessary legal obstacles and expenses for your heirs.

Estate taxes change when you move

Ohio eliminated its estate tax in 2013, which might help your overall estate planning strategy. However, this change means you need to review your existing tax planning provisions. Your previous state's estate tax concerns may no longer matter. On the other hand, you might need new strategies for properties you still own elsewhere. These shifts require a fresh look at your wealth transfer plans.

Your new beginning deserves strong legal protection

Moving to Ohio marks an exciting new chapter for you and your family. Do not let outdated estate documents create unnecessary stress or legal problems later. Schedule a complete estate plan review within your first 90 days of living in Ohio. This smart step protects your family's wealth and makes sure courts will honor your wishes. Taking action now safeguards everything you have built for the people you love most.]]> On Behalf of Wiles Richards <![CDATA[Am I leaving a gift or a burden?]]> https://www.wilesrichards.com/?p=47605 2026-05-29T14:56:29Z 2026-05-29T14:56:29Z When an inheritance becomes a headache Not all assets make good gifts. Some come with hidden costs, legal complications or practical nightmares that your heirs might struggle to manage. Here are common culprits that can turn your legacy into a burden:
  • Timeshares: These vacation properties trap heirs with ongoing maintenance fees, special assessments and contracts that can be difficult to exit. Even if your family never uses the timeshare, the estate or any heir who accepts the interest may be responsible for paying thousands in annual fees.
  • Out-of-state real estate: Property located outside Ohio can trigger ancillary probate, requiring separate legal proceedings in each state where you own real estate. This multiplies legal fees and delays estate settlement by months or even years.
  • Collectibles and personal property: Your vintage car collection or antique furniture may hold sentimental value, but finding buyers for specialized items takes time and effort. Storage costs add up while heirs search for the right market.
  • Joint ownership without clear planning: Adding a child's name to your property deed might seem simple, but it could create tax complications and potential family disputes if siblings feel excluded.
  • Inaccessible digital assets and cryptocurrency: Digital assets may be inaccessible or difficult to administer if you don't leave instructions and account information. Tax treatments for these assets can also create complexities and financial repercussions for recipients.
While these assets may be meaningful to you or valuable, passing them on to loved ones can create more problems for them than they can or wish to deal with.

Making your legacy count

Carefully considering the options and utilizing certain estate planning strategies can help ensure your gift is well-received. Start by having honest conversations with your family about which assets they actually want or need. Consider selling problem properties during your lifetime and converting them to cash or more manageable investments. Trusts can provide structure for complex assets, while clear documentation prevents fights over personal belongings. Working with an Ohio estate planning attorney helps you identify potential problems before they affect your family. A comprehensive plan ensures your hard-earned assets become true gifts, not obligations your loved ones wish they could refuse.]]> On Behalf of Wiles Richards <![CDATA[What happens to your assets if you die without a will in Ohio?]]> https://www.wilesrichards.com/?p=47603 2026-04-29T06:14:20Z 2026-04-29T06:14:20Z Dying without a will in Ohio means state law decides who gets your property, not you. That process can produce outcomes that conflict with your personal wishes and your family's needs.

How intestate succession works

When you die without a will, Ohio triggers a process called intestate succession under Ohio Revised Code § 2105.06. A probate court appoints an administrator to identify your assets, pay your debts and distribute what remains. That administrator may be a distant relative or someone you would not have chosen yourself. The administrator must post a security bond equal to twice the value of the managed assets. This cost comes out of your estate and reduces what passes to your heirs.

Who inherits your property

Ohio's inheritance rules follow a fixed hierarchy based on your surviving family members. The distribution depends on your specific situation:
  • Spouse only: Your spouse inherits 100% of the estate.
  • Spouse and mutual children: Your spouse inherits 100%.
  • Spouse and children from another relationship: Your spouse receives the first $20,000 plus one-third of the remainder; your children split the rest.
  • No spouse, children only: Your children inherit equally.
  • No spouse or children: Assets pass to parents, then siblings, then more distant relatives.
  • No relatives: Your estate escheats to the State of Ohio.
These rules apply regardless of your personal preferences or verbal promises made during your lifetime.

What you lose without a will

Dying intestate means you give up control over several important decisions. Ohio law does not allow intestate distributions to friends or charities. All distributions are made outright, which means a minor beneficiary receives full access to assets at age 18. You also cannot designate a guardian for your minor children or name a trusted executor.

Speaking with an estate planning attorney

Intestate succession can produce outcomes that conflict with your intentions. Attorneys can help you structure a plan that reflects your wishes. Speaking with an attorney may clarify how Ohio's rules apply to your specific family situation and what steps can protect your heirs.]]> On Behalf of Wiles Richards <![CDATA[Grounds to contest a will in Ohio explained]]> https://www.wilesrichards.com/?p=47600 2026-03-30T05:35:17Z 2026-03-30T05:34:31Z Contesting a will in Ohio requires more than disagreement. You must show that the will fails to meet specific legal standards.

Key legal grounds courts will review

Ohio probate courts recognize a limited set of reasons to challenge a will. You must fit your claim within one of these categories:
  • Lack of testamentary capacity: The person did not understand their assets, beneficiaries or the effect of the will.
  • Undue influence: Someone pressured or controlled the person’s decisions.
  • Fraud or forgery: The will was falsified or signed under deception.
  • Improper execution: The will does not meet Ohio signing and witness rules.
  • Revocation: A later valid will exists or the original was intentionally destroyed.
Each ground focuses on whether the document reflects the person’s true intent. Courts do not invalidate wills based on fairness alone. This reflects a core probate principle. The law aims to respect a person’s final decisions unless clear legal defects exist.

Why execution rules often matter most

Improper execution is one of the most direct ways to challenge a will. Ohio law requires a written document, a signature and two competent witnesses present at the same time under Ohio Revised Code 2107.03. Even small errors can raise questions. A missing witness or improper acknowledgment may affect validity. Courts may accept a flawed will in limited cases but proving intent can be difficult.

The strict three-month deadline

Ohio imposes a short filing window. You must contest the will within three months after it is admitted to probate. Missing this deadline can end your claim. Courts enforce this limit even when disputes involve serious concerns.

Who has the right to contest

Only certain individuals have standing to challenge a will. The court will review your legal interest before it considers your claim:
  • Named beneficiaries: Individuals listed in the current will.
  • Heirs at law: Family members who would inherit without a will.
  • Prior beneficiaries: Individuals named in an earlier version.
This requirement prevents unrelated parties from interfering with estate administration. It also helps limit unnecessary litigation.

When it may help to speak with an attorney

A will contest depends on evidence, timing and legal standards. You may need to evaluate medical records, witness testimony or execution details. Reviewing your situation within an attorney can help you understand how Ohio law may apply. An attorney can assess whether your claim meets legal grounds and whether filing within the deadline is still possible.]]> On Behalf of Wiles Richards <![CDATA[What makes a will valid in Ohio?]]> https://www.wilesrichards.com/?p=47599 2026-03-09T11:49:39Z 2026-03-09T11:49:39Z A will allows you to decide who receives your property after death. If it does not meet Ohio’s legal requirements, a probate court may disregard it and apply intestacy laws instead.

Basic requirements under Ohio law

Ohio sets strict standards for creating a valid will. These rules appear in Chapter 2107 of the Ohio Revised Code and control who may make a will and how it must be executed. To create a valid will in Ohio, you must meet the following conditions:
  • Written document: The will must be in writing. It may be typed or handwritten. Oral wills are valid only in rare and limited circumstances.
  • Signature at the end: You must sign the will at the end. If you cannot sign, another person may sign in your conscious presence and in your direction.
  • Two competent witnesses: At least two disinterested adults must witness your signing or your acknowledgment of the signature and sign in your presence.
  • Age and capacity: You must be at least 18 and of sound mind at the time of signing.
  • No undue influence: The will cannot result from fraud, coercion or restraint.
If one of only two witnesses is also a beneficiary, the gift to that witness may be void under Ohio law. The remainder of the will could still stand.

Why proper execution matters

Ohio probate courts closely scrutinize the manner in which a will was executed and attested. Even minor deviations from statutory formalities may provide a basis for a formal contest. For instance, if the subscribing witnesses were not present in the testator’s conscious presence as required by statute, the probate court may decline to admit the instrument to probate. Allegations that the testator lacked testamentary capacity or was subject to undue influence can further complicate proceedings and result in evidentiary hearings.  While Ohio law permits a court to validate a document that does not strictly comply with execution requirements upon a showing of clear and convincing evidence of testamentary intent, satisfying that burden is often challenging.

Why legal guidance can help

Will formalities may appear simple but errors can undermine your estate plan. An estate planning attorney can help ensure your document follows Ohio law and reflects your intent.]]> On Behalf of Wiles Richards <![CDATA[How does a trust really work? 3 things to know]]> https://www.wilesrichards.com/?p=47598 2026-01-26T08:41:34Z 2026-01-26T08:41:34Z Trusts may often seem complicated, which causes many people to view them as unnecessary or overly formal. In reality, a trust is a structured way to manage and distribute assets with clear intent. When used carefully, it can provide continuity, reduce uncertainty and offer guidance during times when decisions become harder to make. Understanding how trusts work helps clarify when they truly add value to an estate plan. Here are three key things to keep in mind about trusts. 

1.  A trust sets roles for managing and receiving assets

A trust creates a clear separation between who manages assets and who benefits from them. The person who sets up the trust defines its terms, chooses a trustee to follow those instructions and names the beneficiaries. This structure allows assets to move according to established rules over time, rather than informal expectations or assumptions. It also gives the trust’s creator lasting influence over how assets are handled after the trust takes effect.

2. A trust can be used while someone is still alive

Trusts do not exist only to transfer property after death. Many trusts function during the creator’s lifetime and remain adaptable as circumstances evolve. A revocable living trust, for example, allows changes as financial conditions shift or family needs become more complex. This ongoing control can help maintain stability during illness, aging or temporary incapacity, while also reducing delays that often arise later.

3. A trust’s effectiveness depends on thoughtful design

A trust is not inherently beneficial on its own. Its success depends on how carefully it reflects real-world priorities, relationships and responsibilities. Some trusts focus on gradual distributions, while others address long-term care or financial oversight. Without clear intent and structure, a trust can create confusion and more uncertainty. Purpose-driven planning makes the difference. While the initial paperwork of a trust can feel daunting, the right help simplifies the process. 

Proper planning begins with informed guidance

A well-crafted trust can provide the lasting security that your family deserves, but only when it aligns with broader planning goals. Understanding how a trust truly works allows you to approach estate planning with confidence rather than hesitation. Because every situation is different, an estate planning attorney can help create a trust that reflects your personal values and the way you want your family cared for.]]> On Behalf of Wiles Richards <![CDATA[Do you have to pay child support if you are not the father?]]> https://www.wilesrichards.com/?p=47597 2025-12-22T14:50:31Z 2025-12-22T14:50:31Z When do you have to pay child support? There are many factors that affect whether or not you will have to pay child support. Depending on the circumstances, you may even have to provide the mother with financial support even if you were never married. Typically, you will need to pay if:
  • You are the child’s biological father
  • You signed a voluntary acknowledgment of paternity
  • You were married to the mother when the child was born
  • You were a de facto parent who lived with the child and mother for years, though this applies on a case-by-case basis
Ultimately, paternity determines if you must pay for child support in Ohio. Even if you have never married or have not signed the acknowledgment of paternity, the court may still require you to provide the mother with financial support if you played a paternal role in the child’s development.

What if the identity of the father is unknown?

In some cases, the identity of the child’s father may be unclear. If this happens, the court typically orders all of the men who could potentially be the father to take a genetic test. These tests are able to accurately determine who the father might be by finding correlations between the genes of the child and their parents.

Navigating family laws

Child support is a complex affair. Cases often differ depending on the court’s judgment, which means that it may be difficult to understand one’s rights and responsibilities without the help of a legal professional. Understanding complex family laws is easier with the guidance of an attorney.]]> On Behalf of Wiles Richards <![CDATA[3 overlooked estate planning moves that can protect your family]]> https://www.wilesrichards.com/?p=47596 2025-12-01T15:36:25Z 2025-12-01T15:36:25Z Estate planning can be overwhelming, and that feeling is completely valid. Thinking about the future, illness or even death is never easy. Yet putting a thoughtful plan in place can actually ease uncertainty by protecting your loved ones. Many families face confusion and conflict simply because they overlooked key details. Focusing on a few often-forgotten aspects now can bring peace of mind for both you and those you care about most. Here are three overlooked estate planning moves that can make the biggest difference.

1. Plan for incapacity

Most people think estate planning only matters after death. But illness or accidents can leave you unable to make decisions. Powers of attorney and healthcare directives let someone you trust handle finances and medical care. This avoids court delays and gives your family clear guidance when they need it most.

2. Update beneficiary designations

Even with a will, old beneficiary designations on life insurance, retirement accounts or payable-on-death accounts can override your wishes. Life changes, like marriage, divorce or the birth of a child, can make old designations outdated. Checking and updating them ensures your assets go where you want and avoids conflict later.

3. Include digital assets

Many people forget online accounts, social media profiles, cryptocurrency or digital businesses. These can hold real value or sensitive information. Adding instructions for managing or closing these accounts helps your family avoid lost access, security problems or confusion. Addressing these areas makes your estate plan stronger, clearer and more protective of your loved ones.

Create lasting security and peace of mind

Estate planning is deeply personal. A thoughtful plan reflects your values and protects your family’s future. Working with an experienced attorney helps you create a plan that covers the details that matter most and is tailored to your situation. Taking these steps now brings confidence today and security for your loved ones tomorrow.  ]]> On Behalf of Wiles Richards <![CDATA[What role do irrevocable trusts play in Medicaid planning?]]> https://www.wilesrichards.com/?p=47595 2025-11-04T20:17:47Z 2025-11-04T20:17:47Z Understanding irrevocable trusts An irrevocable trust allows individuals to transfer assets into a legal arrangement while relinquishing control over those assets. Once established, no one can change or revoke the terms of the trust. This arrangement ensures that the trust no longer includes the assets as part of the individual’s estate.

Preserving assets with Medicaid’s lookback period

Medicaid has a five-year “lookback” period to prevent people from giving away assets just to qualify for benefits. If someone transfers assets into an irrevocable trust more than five years before applying, those assets aren’t counted when Medicaid reviews their finances. This strategy can help people qualify for Medicaid while still protecting money or property for their children and other loved ones.

Benefits of using an irrevocable trust

By placing assets in an irrevocable trust, families can protect their home, savings and other property from being spent down to meet Medicaid’s limits. This strategy also shields assets from creditors and Medicaid estate recovery, helping ensure long-term financial security for loved ones.

Important considerations

Irrevocable trusts require careful planning to work effectively. Individuals cannot access assets placed into the trust, so they must prepare for their financial needs outside the trust. Working with an experienced attorney ensures proper drafting of the trust and compliance with Medicaid regulations. Mistakes in creating the trust can lead to penalties or delays in eligibility. Irrevocable trusts provide a powerful way for individuals to preserve their assets while qualifying for Medicaid. This approach helps families secure their financial future and get the care they need. With proper planning, a trust can be tailored to fit personal goals and meet all legal requirements.]]>