Estate planning in Ohio means creating a legal plan that says who gets your assets, who makes decisions for you if you cannot, and how your family is protected when you pass away or become incapacitated. Every Ohio adult needs one. Most do not have one.
This guide covers everything Ohio families need to know: what estate planning is, which documents you need, what happens if you have no plan, how Medicaid fits in, and how to get started.
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A complete Ohio estate plan includes five things: a will or living trust, a durable power of attorney, a healthcare directive, updated beneficiary designations, and for many families, a Medicaid plan. Without these documents, Ohio law and Ohio courts make the decisions for your family. A qualified Ohio elder law attorney can put all five in place in a single planning process. |
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60% of Ohio adults have no will or trust |
6–18 months average Ohio probate timeline |
$9,400/mo average Ohio nursing home cost |
5 years Medicaid lookback window in Ohio |
Sources: AARP Survey on Wills, Genworth Cost of Care Survey 2024, Ohio Medicaid.
What is estate planning, and why does it matter in Ohio?
Estate planning is the process of deciding in advance and in writing what happens to your assets and who makes decisions for you if you cannot.
Without a plan, Ohio law steps in. Ohio’s intestate succession laws decide who inherits your property. The probate court controls the process. If you become incapacitated without the right documents, your family may need to go to court just to pay your bills or make medical decisions on your behalf.
Estate planning is not just for wealthy people. It is for:
- Anyone who owns a home, a car, a bank account, or a retirement account.
- Anyone who has children or grandchildren.
- Anyone who is married, divorced, or in a blended family.
- Anyone whose parent may one day need nursing home care.
- Anyone who wants to make their own decisions instead of leaving them to a court.
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The most common thing we hear “We kept saying we’d get to it eventually.” Estate planning is one of those tasks that feels optional until the moment it becomes urgent. That moment is usually a crisis: a stroke, a dementia diagnosis, a death. Planning before that moment gives your family options. Planning after it leaves them with problems. |
What documents does an Ohio estate plan include?
A complete Ohio estate plan includes five elements. Most families need all five.
1. A will or living trust
Most Ohio families with real estate or significant assets benefit more from a living trust. Simpler estates may only need a will. The right answer depends on your situation.
2. A durable power of attorney
A durable power of attorney gives a trusted person the legal authority to manage your finances if you cannot. In Ohio, ‘durable’ means it stays valid even after incapacity.
Without a POA, your family cannot pay your bills, access your accounts, or manage your property if you have a stroke or develop dementia. They would need to go to Ohio probate court for guardianship — a process that takes months and costs thousands.
3. A healthcare directive (advance directive)
A healthcare directive tells doctors and family members what medical care you want if you cannot speak for yourself. It covers life support decisions, resuscitation, feeding tubes, pain management, and who can speak on your behalf (your healthcare proxy).
This is separate from a POA. The POA covers financial decisions. The directive covers medical decisions. You need both.
4. Beneficiary designations
Life insurance, IRAs, 401(k) plans, and bank accounts with a payable-on-death designation pass directly to whoever you named as beneficiary — completely outside your will or trust and outside probate.
An outdated beneficiary designation can override your entire estate plan. A former spouse. A deceased parent. A minor child who cannot legally receive assets. Reviewing your designations is a critical part of estate planning that most families overlook.
5. A Medicaid plan (for many Ohio families)
If you or your parents may one day need nursing home care, Medicaid planning is part of your estate plan. Ohio Medicaid can cover long-term nursing home costs — but only for people who qualify, and qualifying requires planning.
Ohio Medicaid reviews the last five years of financial transactions before approving benefits. Gifts made during that window can trigger a penalty period. The strategies that protect your home and assets — irrevocable trusts, spousal protections, exempt asset planning — require an elder law attorney to implement correctly.
What happens if you die without an estate plan in Ohio?
Without a will or trust, Ohio’s intestate succession laws determine who inherits your estate. The court follows a formula. Your actual wishes do not matter.
Will vs. living trust in Ohio: what is the difference?
Here is a side-by-side comparison of how a will and a living trust work in Ohio. Every cell below is a direct comparison — use this to help figure out which one fits your family.
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Feature |
Will |
Living Trust |
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Goes through Ohio probate? |
Yes — always |
No — avoids it entirely |
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Becomes public record? |
Yes |
No — stays private |
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Works if incapacitated? |
No |
Yes |
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Names guardian for minor children? |
Yes |
Not typically (use a will too) |
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Time to transfer assets after death |
6–18 months (Ohio avg.) |
Weeks — no court needed |
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Probate cost avoided? |
No — 3–5% of estate in fees |
Yes — saves thousands |
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Works well for Ohio real estate? |
Goes through probate |
Passes directly to heirs |
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Upfront cost |
Lower |
Higher — but saves more overall |
Most Ohio families with real estate or a desire to avoid probate benefit more from a living trust. But a will is always better than nothing. Many families use both: a trust for the bulk of assets and a simple pour-over will alongside it.
Estate planning is one of the few things in life where doing it costs significantly less than not doing it.
When should you start estate planning in Ohio?
The honest answer: yesterday. The practical answer: today.
These are the moments that make estate planning urgent. If any of these apply, do not wait:
- You turn 18 — you now need a POA and healthcare directive in case of emergency.
- You get married or divorced.
- You have children or grandchildren.
- You buy a home or other significant property.
- A parent is diagnosed with dementia or another progressive illness.
- A parent enters or may soon need a nursing home.
- You retire.
- It has been more than 3 years since you reviewed your documents.
For Medicaid planning specifically, the earlier you start the better. Families who start planning 5 or more years before a nursing home admission have the most options. Families who call us after admission still have options — just fewer of them.
How do you choose an estate planning attorney in Ohio?
Not all estate planning attorneys are the same. For Ohio families dealing with aging parents, nursing home planning, or Medicaid, an elder law attorney provides a level of specialization that a general practice attorney cannot.
When choosing an estate planning attorney in Ohio, look for:
Frequently asked questions about estate planning in Ohio
Do I need an estate plan if I rent and do not own much?
Yes. Even renters need a durable power of attorney and healthcare directive. If something happens to you and you have no POA, your family cannot make financial or medical decisions for you without going to court. Estate planning is not just about assets — it is about who makes decisions.
Can I do estate planning online without an attorney in Ohio?
Online will-making tools can create documents that are technically legal in Ohio but are often incomplete, incorrectly executed, or incompatible with Ohio’s specific rules. For simple situations, an online will is better than nothing. For anything involving real estate, blended families, Medicaid planning, or significant assets, an Ohio estate planning attorney is essential.
How often should I update my Ohio estate plan?
Review your estate plan after any major life change: marriage, divorce, birth of a child or grandchild, death of a beneficiary, major change in assets, or a move to a new state. At a minimum, review every 3 to 5 years. Changes in Ohio law or federal law may also affect your plan.
Does estate planning help with nursing home costs?
Yes, significantly. Medicaid planning — which is part of a comprehensive estate plan for many Ohio families — can protect your home, your spouse’s assets, and other property from nursing home costs. The 5-year lookback rule makes timing critical. The earlier you plan, the more you can protect.
What is the difference between estate planning and elder law?
Estate planning covers the documents: wills, trusts, powers of attorney, healthcare directives, and beneficiary designations. Elder law covers the full picture for aging families: estate planning documents, Medicaid eligibility and planning, nursing home contracts, VA benefits, guardianship, and long-term care strategy. Collins & Kruse practices both.
Is Collins & Kruse accepting new clients in Ohio?
Yes. Collins & Kruse Elder Law serves families across Ohio from offices in Columbus and Findlay. We offer a free initial consultation with no pressure and no obligation. You can schedule by calling us or online at ckelderlaw.com.
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Ready to build your Ohio estate plan? Estate planning is the most important thing most Ohio families put off. It does not have to be complicated, and it does not have to be expensive. What it does have to be is done. Collins & Kruse is a veteran-owned elder law firm with offices in Columbus and Findlay, Ohio. We specialize in estate planning and Medicaid planning for Ohio families. Your first consultation is always free. Call 614-369-8634 (Columbus) or 419-365-6900 (Findlay). Or contact us now. |
