Wills allow people to look out for loved ones
Leo Stepanian Sr., the longtime solicitor for the Butler County Register of Wills, recommends all of his clients set up a will when they turn 18.
“They say, ‘But I don’t have an estate,’ and I tell them to think about making a will as if they are going to die tomorrow,” he said.
A will goes into effect when a person dies and it details how that person’s assets will be distributed after his death. In the will, an executor, who is the person that makes sure the will is followed, is named.
If a person’s estate is worth less than $25,000, it will be filed as a small estate, and a court order is issued to distribute the estate to the spouse. If the estate is worth more than $25,000, it goes into probate, and the executor makes sure all debts are paid before the estate is distributed.
If a person dies without a will, the register of wills files in court for Letters of Administration, and the appointed administrator will act as executor of the estate.
According to law, a list of heirs is made in this order: spouse, children and parents.
If no one has filed for Letters of Administration within six months of a death, a principle creditor, to whom the deceased owes money, can file to become the administrator to recover what is owed.
Stepanian said he represents a nursing home that had a patient die without paying the bill. Family members have not paid the bill, nor have they filed Letters of Administration.
Now, after eight months and many letters to the family, Stepanian is advising the nursing home to file to become the administrator, so it can sell the patient’s house and try to recoup its costs.
Another term concerning estates is trusts, of which there are two kinds, Stepanian said.
A testamentary trust is like a will, going into effect when a person dies and determining how assets will be distributed, but with conditions placed on that distribution, such as going to the spouse if the spouse is still alive.
The second type of trust is an inter vivos trust, which can distribute assets before a person dies.
“Most people want their children to get the assets when the child turns 18, but I think that’s too young, so I advise my clients to set up trusts with distributions at ages 21, 25 and 30,” he said.
Stepanian said one of his more interesting clients was a woman who had 15 cats. Her husband was dead, so she established a trust for her cats if she died before them. She did.
The 15 cats lived out their days in their seven- bed, five-bath home with two caretakers who, according to the trust, could or could not live in the house.
Stepanian recommends people update their wills when they have a change in circumstances.
“You get married or divorced. You have a child or a child dies,” he said. “These are the times when you want to make an appointment and have your will changed to reflect the changes in your life.”
