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• Florida

• Revocable Living Trust Planning

  A revocable trust is an estate planning tool which allows the Grantor (person placing assets into the trust) to transfer title to assets into a trust and yet retain full control of the assets during the Grantor’s lifetime. Revocable trusts may be amended or terminated by the Grantor. While the titles to the assets remain in the revocable trust such assets are typically not subject to the primary jurisdiction of the Probate Court. Properly created and funded revocable trusts can allow for the management of assets during disability and at death without  unnecessary Probate intervention. Grantors may also designate those persons whom the Grantor selects as successor Trustees to carry out the Grantor’s estate [plan during disability and or at death. Roth and Bacon works  to effectively organize estates in comprehensive plans that allow for control over one’s own assets as well as proper distribution of those assets during one’s lifetime and after death.

• Wills

  Some matters may require some Probate intervention. The appointment of the guardian of the person of a minor child is one such example. Roth and Bacon strives to create estate plans which do not require wills for the distribution of a decedent’s estate. However, when wills are necessary in an estate plan or when a client knowingly elects a will and the Probate administration of his decedent’s estate Roth and Bacon will create and implement wills which properly serve the needs of the client.

• Powers of Attorney

  If you become incapacitated or otherwise incapable of making decisions regarding your business and or health matters you will need someone to perform those tasks for you. In such situations if you do not give someone an  authority document to act on your behalf  it will become necessary in most cases for the Probate Court’s jurisdiction to be invoked to grant such authority.  By properly executing powers of attorney in both healthcare and business, your designated representative   can effectively carry out your wishes as you have authorized without the unnecessary intervention of the Probate Court.  Roth and Bacon creates powers of attorney giving the persons selected by the client the required legal authority to act. Each power of attorney is unique and is structured to meet the individual needs and desires of the client.

• Real Estate Services

  Roth and Bacon represent both the buyers and sellers of real property. Many estate planning structures and  techniques require the transfer and retitling of real estate. Roth and Bacon offers full service to its clients in all areas related to the buying, selling, gifting and transfer of residential and commercial real estate.

• Ohio and Federal Estate Tax Preparation

  Death requires an examination of the value a decedent’s assets for purposes of calculating any estate tax due and owing. Death also provides the opportunity for a decedent’s estate to increase the basis value of the appreciating assets of a decedent. Dependent upon the size of the estate a federal and or state filing of estate tax may be required. Roth and Bacon assists its clients in assessing the necessity of any required tax filings in a decedent’s estate. Roth and Bacon through its estate planning services also provides planning techniques to its clients which techniques will attempt to minimize required estate tax payments and avoid unnecessary payment of estate taxes.

• Probate and Non-Probate Estate Administration

  The Probate Court in most instances offers a default administrative system for those persons who have not made alternative plans for the administration of their decedent’s estates.  It is possible in most situations to structure an estate plan which allows for your assets to pass to your designated beneficiaries at your death without involving the Probate Court.  Some of the estate planning techniques involved in non-Probate planning include transfer on death beneficiary designations, joint tenancy with rights of survivorship ownership designations and revocable trust planning. Although Roth and Bacon structures our estate plan to avoid unnecessary Probate intervention, Roth and Bacon  has considerable experience in the administration of assets both within a Probate administration as well as the administration of a decedent’s estate with assets passing free of unnecessary Probate administration.  Our goals in administering a decedent’s estate are to inform and educate our clients as to all of the procedural requirements made necessary by the passing of a loved one and to assist them in completing those requirements in a timely and economical manner always bearing in mind the very difficult time which the grieving process  is for the family .

• Limited Partnerships

  Limited Partnerships are statutorily created business entities. They can be used for a variety of estate planning purposes. All Limited Partnerships have at least one General Partner who is given the responsibility to make decisions regarding the management of the partnership. Limited Partnerships also provide for one or many limited partners who have very little control of the management of the partnership. Limited partnership shares may also be structured to provide for only sale or transfer of limited partnership interest to family members or others of a selected group. Many times an otherwise illiquid asset such as farmland is transferred to a limited partnership. The real property then becomes partnership shares which can be gifted to family members or others with significantly less control being surrendered by the person making the gift, usually a parent gifting to children. In this manner the size of a decedent’s taxable estate at death can be substantially reduced by regular gifting of limited partnership shares. This is only one use of a limited partnership and there are many other uses for which a limited partnership can be successfully employed. Roth and Bacon creates limited partnerships and drafts buy-sell agreements for many small businesses always bearing in mind the planning needs of the client.

• Limited Liability Companies

  Limited Liability Companies are created by statute and have the added advantage of protecting business partners from personal liability for the acts of the company and its customers.  Roth and Bacon works with businesses and individual clients alike in forming plans which will accommodate business and  personal  liability avoidance goals.

• Corporations

  Roth and Bacon works with its clients to assess their individual needs and business plans in order to find the business entity which  best suits the needs of the client.  Corporations offer personal protection from corporate acts and can be structured in different ways to accomplish income and estate tax considerations.

   

• Medicaid Eligibility Planning

  With the ever increasing cost of nursing care many clients are assessing  their ability to pay for such care in the event that their move to a nursing care facility becomes inevitable. The Medicaid eligibility rules for each state are different and each family’s situation is unique. With proper advance planning it is sometimes possible to structure one’s estate in a manner such that total depletion of a person’s assets is not wholly required.

  Have you thought about your financing of future assisted living care in a facility? Are your assets at risk?   Roth and Bacon offers  its clients a variety of approaches to this difficult and ever changing problem. They key to successful Medicaid eligibility planning is advance planning.

• Probate Avoidance Techniques

  The Probate administration of a decedent’s estate while  sometimes necessary, is generally avoidable with proper advance planning. Many times the Probate administration of a decedent’s estate will result in taking away decision making from those persons you may wish to be designated as your representatives.   Roth and Bacon works with its clients to determine how each client wants his estate to pass.  By properly arranging the assets  Roth and Bacon can most times ensure that title passes outside the Probate process  automatically upon death, thus avoiding unnecessary  Probate Court intervention involving decisions which the client can otherwise make.  Roth and Bacon offers  a variety of estate planning tools to ensure that unnecessary Probate involvement is avoided and that each client is comfortable with and understands his estate plan and that the wishes  of the client and not others are carried out after death.

​The purpose of this site is not to provide personal legal advice.  This information is general and is not a substitute for individual legal services. Roth and Bacon Attorneys, LLC encourages you to obtain estate planning services and advice from an attorney, CPA, or other qualified individual.