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Probate and Estate Planning Department
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The Probate and Estate Planning Department of Benjamin, Yocum & Heather, which is chaired by Lisa M. Bitter, a Principal of the firm, provides comprehensive legal assistance for clients in the administration of estates and in the area of estate planning.

Probate Administration

In the area of Probate Administration, Benjamin, Yocum & Heather attorneys represent executors, administrators, commissioners, trustees, guardians, beneficiaries and/or next of kin through the process of estate administration, ancillary administration, relief from administration, trust administration, guardianships, and step-parent adoptions throughout the Southern Ohio and Northern Kentucky area. The attorneys and paralegals of Benjamin, Yocum & Heather work closely with the client to provide guidance through the estate administration process to allow for the inventory of assets, payment of debts and completion of the distribution of assets in an expedient manner.

The attorneys of the Probate and Estate Planning Department will also prepare the appropriate Federal and State Estate Tax Returns and Federal and State Fiduciary Income Tax Returns providing assistance in all areas of Estate Tax matters. Moreover, the firm advises clients in the application of life insurance benefits, death benefits, retirement plans/pension benefits or any other benefit plan.

The full line of services by the firm's Probate Administration Department allows for the assistance and preparation of documents in the negotiation of the transfer and/or sale of estate assets. Firm attorneys will consult and work closely with appraisers, auctioneers, bank officers, real estate agents, title insurance examiners and/or stock brokers to allow for the proper management, transfer and/or sale of estate assets. The Probate Administration Department attorney will provide representation at real estate closings and safe deposit box openings or any other proceeding involving estate assets.

Within the Probate and Estate Planning Department, Benjamin, Yocum & Heather represents clients in litigation and mediation of wrongful death actions, will contests, incompetency hearings, land sale proceedings, spoliation settlements of minors' claims, and any disputes arising from probate administration such as exceptions to inventory, spoliation of wills, fraudulent transfers of assets including real estate, and claims against the estate.

Estate Planning

In the area of Estate Planning, the experienced attorneys at Benjamin, Yocum & Heather work closely with the client to develop customized estate plans specifically designed to respond to the client's express desire for the distribution of assets. Then, the attorney reviews the client's assets to suggest proper estate planning documents to allow for the transfer of assets to beneficiaries in an expedient manner with minimum administrative costs and with savings, if possible, of income tax, estate tax, and/or generation-skipping transfer tax. In order to provide the client with the most advantageous estate planning documents, the Benjamin, Yocum & Heather attorney will also consult with the client's accountant, financial planner, broker, and/or insurance agent in order to incorporate the client's entire financial portfolio.

Firm attorneys can prepare documents that contain financial management provisions for a beneficiary, who may be a minor, ill, or in need of financial assistance for any reason such as for medical or educational needs and/or is not fully capable to handle his or her affairs. Benjamin, Yocum & Heather attorneys can also create the proper estate planning document to provide protection to the beneficiary from creditors and predators.

Examples of documents which firm attorneys prepare in the Estate Planning area include: wills, codicils, living wills, living trusts, family support (credit shelter) trusts, charitable remainder trusts, life insurance trusts, education trusts, antenuptial agreements, children trusts, family limited partnerships, and durable power of attorney for financial matters and for health.

For a small business owner, Benjamin, Yocum & Heather provides planning regarding the sale and purchase of the business upon the disability or death of an owner, shareholder, member and/or partner and will prepare the appropriate buy/sell agreement pursuant to the current tax laws and financial considerations of the business. For the family owned business, Benjamin, Yocum & Heather consults with clients regarding business succession planning for the transition of ownership and management of the business to future generations with the formation of entities such as family limited partnerships and limited liability companies.

The Probate and Estate Planning Department includes attorneys who are members of the AARG Group, AARP Legal Services Network, Pro Seniors of Cincinnati, and are active in the Estate Planning, Trusts and Probate Law Section of the Ohio State Bar Association and the Cincinnati Bar Association.

The attorneys of the Probate and Estate Planning Department of Benjamin, Yocum & Heather regularly speak to organizations regarding probate administration and estate planning topics. If you are interested in learning more about the Probate and Estate Planning Department or in having a Benjamin, Yocum & Heather Probate and Estate Planning attorney speak to your organization, contact Lisa M. Bitter at (513) 721-5672.
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Probate and Estate Planning Department: Benjamin, Yocum & Heather, serving Cincinnati, Ohio

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