The person in this role takes on significant responsibilities. He or she can also have a considerable impact on the estate administration process, so it is important to think critically about who you assign to this position. Before you appoint an executor, consider the following traits that could be red flags.
Disorganized
Estate administration can be complicated, especially when the estate goes through probate. An executor has several duties, from notifying creditors to distributing assets.
A disorganized person could overlook or miss critical details resulting in costly consequences and delays.
Combative
An executor typically must contact heirs and beneficiaries, make decisions on whether to sell a decedent's property and distribute the remaining property. These are not always easy decisions. This is especially true if there is no definitive guidance from the decedent. As such, clashes can arise between the executor and others.
Someone who is combative can cause or exacerbate family tension, complicating the probate process.
Easily overwhelmed
Administering an estate in Ohio can be overwhelming. Included in the responsibilities a person has for administering the estate are contacting beneficiaries, paying taxes, closing accounts and filing legal documents.
This can be overwhelming for a person, especially if he or she is uncomfortable multi-tasking or being resourceful.
Careless
The person you choose to execute your wishes should be able to keep accurate records and comply with legal requirements. If someone is inexact or indifferent, he or she can cause avoidable problems with the estate.
Someone who is careless may also fail to appreciate the gravity of their role. This can be upsetting for your loved ones if he or she does not seem to care about appropriately carrying out your wishes.
Your executor should be organized, responsible and detail-oriented. If you have questions or concerns about who to assign to this role, you can seek the input of an estate planning attorney.
]]>With fall around the corner, you and your family may be starting to enjoy walks around the neighborhood. Of course, you will likely be joined by the neighborhood dogs and their families as well.
Here’s what you can do to help your child stay safe while meeting new dogs.
Talk before you walk
Once your child spots a new friend, they may not be listening to your panicked warnings. Talk to your child about what to do when they see a new dog. Before every walk, go over what to do until the right behaviors become a habit.
When you talk to your child, remind them to have good dog manners, such as:
Keep in mind, no matter how cautious you are around dogs, they are animals and may act in unpredictable ways. If a dog owner lets your child pet their dog, watch carefully so that you can intervene if the dog starts to show signs of aggression.
Some dogs perceive children as a threat
There are more than enough stories of small children getting bit by dogs to be shy about letting your child approach a new dog. Part of preventing a dog attack, however, is understanding why a dog might be aggressive in the first place.
While your child may seem sweet and innocent to you, when a dog meets a child that is about the same size, the dog may see the child as a threat. Some dogs are not raised with children or do not encounter them often. A dog will assume that the small child is going to start a fight for dominance, and the dog may try to win.
]]>In 2017, there were at least 14,000 distracted driving crashes in Ohio, resulting in more than 50 fatalities. According to the National Highway Traffic Safety Administration (NHTSA), if you’re driving while talking on your phone, you can miss 50% of the activity around you. This “inattention blindness” can overlook pedestrians and other vehicles, and it can be deadly.
With 1.2 mobile devices for every American, distracted driving is a huge problem. In Ohio, trying to educate commuters about the dangers of distracted driving isn’t enough. So law enforcement is cracking down.
What is distracted driving?
The fact is, when you’re traveling at 60 mph, the road requires your full attention. Distracted driving includes any behavior that interferes with your attention. Some of these behaviors include:
In Ohio, any number of the above behaviors can result in a $100 ticket. Drivers can avoid the fine by completing a distracted driving course. Education is key here. The more educated drivers are to the dangers of distracted driving, the fewer unnecessary injuries and deaths.
Again, distracted driving is an epidemic on American roadways. It’s also a totally preventable problem. Keep your eyes on the road.
]]>Creating a will can be an intimidating idea task. You may look around your home and be overwhelmed at the thought of a document that communicates who should get what after you pass away.
This is what you should think about as you are preparing to write your will.
I have a lot of stuff
Over the years you may have built up a collection of trinkets from vacations, or you may have a diverse collection of crafts from a hobby you enjoy. No matter how many items you own, it is possible to write a will that is clear and allows you to pass on your assets to the people in your life who will value them the most.
If the number of items is overwhelming, think of then in categories rather than individual pieces. Also consider that collections may have more value as a group, rather than distributed evenly among your loved ones.
You are in control
While it may seem like a formulaic process, creating a will is primarily up to you. If you want to itemize everything you own and list who will get each item, you can. You can also categorize your assets more globally so that you can leave categories of items to specific people.
The biggest priority is for your executor to understand your will so that they know what to do after you pass away. Your executor will no longer be able to ask you for clarification, so it is best to get the details clear as you are creating your will. Talk to them about what your goals are for your estate, so they know what to do when it is time to distribute your assets.
]]>Often, when there is a motorcycle accident, the other motorist claims they were not able to see the person on the bike. All drivers on the road have a responsibility to see and be seen. Everyone is safer when all motorists are doing their best to be visible.
Here’s how you can make sure other cars can see you while you are enjoying your motorcycle.
Wear reflective clothing
Driving at night can have its own challenges. Even if you can see well in the dark., other drivers may struggle seeing someone with a smaller vehicle.
In addition to maintaining all the lights on your motorcycle, wear bright or reflective clothing when you plan to be out at night. Bright clothing makes it easier for other traffic to see you, no matter where you are.
Avoid blind spots
Smaller than most other vehicles on the road, motorcycles can easily fit into a car’s blind spot. Unfortunately, drivers do not always check their blind spot for other vehicles before turning or changing lanes.
If you are passing another motorist, pay attention to where their blind spots are and move through them as quickly and safely as possible. Try not to linger directly to the side of another vehicle, especially near large trucks.
For the moments when you are in someone’s blind spot, try to pay attention to signs that they may try to change lanes. If they attempt to move and do not see you, you will want to be able to respond as soon as possible.
]]>Understanding the process of distributing your loved one’s estate can be a lot to think about in addition to grieving their passing. When it comes time to file for probate, it is essential to know the value of your loved one’s estate.
Here’s what you need to know about the probate process for smaller estates.
Estates that qualify for a summary release from administration
There are some states where every estate goes through the probate process, regardless of size. In Ohio, however, there is a shorter process for smaller estates. If an estate meets either of the two following conditions, it qualifies for a summary release:
What does a summary release mean?
A summary release does not mean there is nothing for a surviving spouse or personal representative to do; it is simply a shorter process. There is still a filing process for summary release, along with a filing fee. In addition to the application for a summary release from administration, you may need to file other forms for specific circumstances, including:
While summary release may not take as long as the full probate process, there is still a significant amount of coordination for the estate’s personal representative.
]]>When you drafted your estate plan, you had an idea of how you would distribute your assets. Although you may not want to change who gets what, there may be people who are now more distant.
Here’s what happens with your estate when your loved ones are difficult to reach.
Preventing a problem
Unfortunately, sometimes loved ones can grow more distant over time, including your personal representative. It may be time to consider a change in your plan if it becomes difficult (or impossible) to reach the person you chose as your personal representative.
Your personal representative is the most important person in your estate plan. Even if the personal representative is not going to inherit any assets, they will handle locating heirs, distributing assets, and overseeing payment of any debts or taxes. If you have lost contact with this person, consider hiring a trustee to handle this part of your estate plan.
The case of the missing heir
If someone other than your personal representative is unreachable, it is up to the personal representative to make reasonable efforts to find the missing heir. In addition to making phone calls, your personal representative may need to put advertisements in a local newspaper to locate a missing heir.
Eventually, there is a time limit. If there are people in your estate plan who cannot be reached, your assets will escheat to the state.
]]>This step to increase road safety may seem intrusive, but carmakers emphasize their systems do not use video to monitor drivers. Instead, they incorporate infrared technology or other means to measure whether a driver is drowsy or a vehicle is veering out of its lane.
An increasing problem
Distracted driving in the U.S. is widely viewed as an epidemic among all age groups. Statistics indicate that assertive protective measures against distracted driving may be warranted. The National Highway Traffic Safety Administration (NHTSA) reports that 3,166 people were killed in 2017 due to distracted driving.
TeenSafe, makers of software that allows parents to monitor their teen-ager's phone usage, reports that:
MarketWatch reports that Volvo plans to roll out eye-tracking cameras in several models over the next few years. The cameras monitor motorists' gazes and send an alert or limit a car's speed whenever a driver's eyes are averted for too long.
In 2018, Subaru began installing a driver-monitoring system in Foresters that beeps if a driver's eyelids droop or their focus drifts away from the road for extended periods. The company plans to include the system in additional models in 2020.
Rather than use inward-facing monitors, Daimler AG, maker of Mercedes Benz, and Nissan Motor Co., use detection software that monitors a driver's steering patterns to determine if it veers out of its lane too often.
When distracted driving disrupts life
An accident caused by a distracted driver can turn someone's life upside down by causing serious injuries or death. Injured parties or surviving family members should protect their rights when this occurs by enlisting the services of a knowledgeable personal injury lawyer.
]]>After you decide who will handle your digital assets after you pass away, you will have to create a plan for how that person will access your accounts.
Here’s what to keep in mind as you plan for your loved one to manage your digital accounts.
An updated list of passwords
For some of your accounts, you may have had the same login information for years; for others, you may have to change your password every couple of months. You should maintain your usernames and passwords with either paper list or via a password manager platform and update it every time something changes.
While it may seem convenient to keep your updated list out on your desk or in your bag with your laptop, you should keep the information secure. Keep your list in a safe or a locked drawer to make sure no one has access to it, but make sure your account manager knows where to find the information they need.
Don’t make your loved one a “hacker”
Different online accounts have different methods for dealing with the death of an account holder. In some cases, even if you gave your loved one permission and access, logging into your account after your death could be seen as an attempt to hack into your account.
Make sure your estate plan is clear about who will have access to your digital account, how they will obtain that access and what that person should do with the account after your death.
Check your account’s features
Some accounts have features that allow you to add an account manager or guardian after you pass away. In the case of social media, some accounts allow for a legacy holder to continue to post updates or facilitate memories and condolences.
Check what steps you need to complete so that your loved one has access to these features. For some accounts, this will save you the trouble of tracking the login information. These features may also be available if you are no longer healthy enough to access your account.
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