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estate planning

Remote notary services now available!

Posted by Holland & Muirden on May 15, 2020   |   Comments Off on Remote notary services now available!

We’re excited to announce that Holland & Muirden is now offering online notary services in Ohio!

Online notarization became legal in Ohio in September 2019 and requires the individual notary complete special training and pass an examination. Our notary public is authorized by the Secretary of State’s Office to perform these services.

An online notarization is performed by an authorized Ohio notary public when a signer personally appears before the notary using audio-visual technology instead of being physically present in the same location as the notary.  An online notarization requires the use of an online notarization system to perform the act, as the signer is not located in the same location as the notary. The ability to have a document notarized online is convenient and simplifies the entire process for notaries and clients alike. It also provides additional benefits such as:

➡️Providing a service to clients who simply are not able to make it to an office.

➡️Maintaining social/physical distancing.

➡️Saving trees! In addition to eliminating travel, online notarization can be a green service with digital-only copies of the documents being notarized.

In addition, this process offers clients additional security measures and creates a video recording of the entire notarization process. There is a state maximum fee of $25.00 per notarization.

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When I’m gone, who will speak for my disabled child?

Posted by Julie Wagner on December 19, 2019   |   Comments Off on When I’m gone, who will speak for my disabled child?

Every parent of a child with a disability worries – what happens when I’m gone?   Other children grow up to become self-sufficient. A child with a disability grows into an adult with a disability. They will need someone there for them. Who will speak for your disabled child when you’re gone?

Finding someone who “gets it”

Caring for a special needs child is tough enough. Parents know their own child. They know what they need now and what they will need as an adult.  Along the way, there are family or friends who also “get it.” These are people the parent would entrust with their child.

Parents planning for the future can ensure their child –whether a minor or an adult – is looked after by one of these trusted people.  Ohio law permits them to nominate a specific guardian for their disabled child, even if their son or daughter has entered adulthood.   

Parents nominate a guardian for the future when they may not be there. A guardian who will speak for their disabled child.

Who will speak for your child?

An adult with disabilities may need a guardian whether they live independently, in a group home or in an institution.  Even if a guardian doesn’t provide direct care, they will need to make important decisions about health care, living quarters or special educational needs.  A guardian oversees their care and steps in if something goes wrong. They become the disabled person’s voice.

If you pass away or are unable to make decisions for your child, the court can appoint a guardian.  If you have nominated someone for the post, the judge must consider that person, ask if they meet the legal requirements and determine it is in the best interest of your child.   Without a nomination, the court must consider whoever applies to be the guardian of your child.

We can help

At Holland & Muirden, we understand that the future – and estate planning – is different when you care for someone with special needs.  Contact us today to make your plans. http://holland-muirden.com/ohio-law-areas-of-practice/ohio-estate-planning-probate-attorneys/

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What happens to my Facebook page when I die?

Posted by Julie Wagner on December 13, 2019   |   Comments Off on What happens to my Facebook page when I die?

By now, you’ve probably seen someone’s Facebook page change to memorial status when they pass away.  Facebook even lets you appoint a “Legacy contact” to manage your memorialized account.  Or, you can choose to delete your account completely once you die.

This Online Tool handles your Facebook account, but what about everything else?  Snapchat? Google Hangouts? Amazon? The online electric bill?  What happens to your email when you die? If you die, can someone else sign on to your account and pay your bills? Or turn off an automatic payment?

Ohio has a law to help answer these questions and let you plan for your Digital Assets if you die or become disabled.   In 2017, Ohio legislators passed the Digital Assets Act which gives you the tools to include online information in your estate planning.

If I am incapacitated…

 First, the newest Statutory Power of Attorney (a POA) form includes “Digital Assets” and “the content of electronic communication sent or received by me.”   In a POA, you select an agent to handle your affairs if you are alive but not able to make decisions. 

  The Digital Assets option gives them access to everything EXCEPT the content of your emails.  So, your agent can pay your electric bill or use your email address book to send health updates to some or all of your contacts.  So, if you want your agent to actually read your emails, you select the “content of electronic communication” option.  State lawmakers felt email content was highly personal and need to be chosen separately.

If I pass away…

However, a POA expires when you die.  So, to ensure someone has access to your Digital Assets and/or “the content of electronic communication” you should specify this in your will.  This language can be as general or as specific as you want.  It can be for all of your accounts or for a specific account, such as LinkedIn.

In conclusion, you can make sure someone has all your passwords, but accounts and passwords change.  Using “online tools” such as the Facebook options helps manage some accounts.   However, adding digital assets to your estate planning can ensure that all of your accounts are covered.  Your POA agent or the executor of your estate will be able to open and use your accounts to do what you wish or what’s best for your estate.

We can help

So, contact us today to talk about your Digital Assets and all your estate planning needs.

Estate Planning & Probate
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What if…? Ohio pet trusts provide care for animals when their owners can’t.

Posted by DanaMarie Pannella on January 8, 2014   |   Comments Off on What if…? Ohio pet trusts provide care for animals when their owners can’t.

Have you ever been concerned about what would happen to your pet if something unexpected happened to you? Ohio law now allows pet owners to create a trust to provide for the care and maintenance of pets if the owner can no longer care for them, be it due to death or other incapacitation. This type of trust is protected by statute and is legally enforceable (Ohio Revised Code Section 5804.08). Commonly known as “pet trusts,” these trusts can cover any type of pet (including tarantulas). A pet trust is a legal vessel that describes your wishes regarding the care of your pet and distributes provided funds to enable that care. A pet trust can be created during the owner’s lifetime or created at the time of the owner’s death via a will.

Some important items pet owners should consider when thinking about forming a pet trust:
1. Who will you name as the trustee? What about an alternate? The trustee is the person charged with following the directions set forth in your trust. The trustee may be paid a reasonable fee, or may serve without compensation.

2. Who will be the caretaker for your pets? The caretaker may be the same as or different from the trustee. If the caretaker and trustee are different people, the trustee could have the authority to remove the pets from one caretaker and appoint a new caretaker if the trustee is dissatisfied with their care.

3. Specific instructions you might have for the care of your pets. You may wish to specify whether or not the caretaker should be permitted to allow animals to breed, for instance, or whether they should be kept in a private residence, as opposed to a rescue facility. Typically, a pet owner will give the caretaker wide discretion to provide care in a manner that the caretaker sees fit, in his/her best judgment.

4. The amount you are willing to pay out of the trust to the caretaker for providing care for your animals.

5. The person or organization who will receive any remaining trust assets upon termination of your trust (which should be at the death of the last animal covered by the trust).

Once these items are resolved, you will need to decide what assets (monies, etc.) you are willing to use to fund the trust.

Pet trusts allow you to plan for your pet’s future and ensure that your pet will be cared for in the way you desire. Pet owners can finally create and control the answer to the troubling “what if…?” question and have peace of mind about the care of their pets.

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