As the clocks spring forward and daylight stretches a little longer each evening, it’s a natural time to think about renewal, clearing away what no longer serves us and planting seeds for the seasons ahead. And while springtime typically brings thoughts of fresh starts around the house, this is also the perfect season to take a fresh look at something far more consequential: your estate plan. At Godbey Law LLC, we’ve spent more than three decades helping families across Greater Cincinnati protect what matters most. During that time, we’ve seen firsthand what happens when estate plans are outdated, incomplete, or never created at all. The consequences almost always fall on the people left behind (your spouse, your children, your aging parents) who are forced to navigate a complicated and often costly probate process at the very moment they are grieving. The good news? Many of those complications are entirely avoidable. This article will walk you through what probate is, why it can become a burden for your loved ones, and the concrete steps you can take this spring to build or strengthen an estate plan that sidesteps the most common pitfalls. What Is Probate, and Why Does It Matter? Probate is the legal process through which an Ohio court oversees the distribution of a deceased person’s assets. When someone passes away, a probate court reviews the will (if one exists), confirms its validity, appoints an executor or administrator, ensures debts and taxes are paid, and ultimately distributes property to the [...]

A guide for adult children who suspect their parents' affairs may not be in order — and want to act before it's too late. Case examples are fictional and based upon a combination of real-life scenarios and common mistakes often seen in our experience of probate litigation. After more than 30 years of probate litigation in the Cincinnati courts, our attorneys at Godbey Law can tell you this with certainty: the most expensive estate plan is the one nobody ever finished. If you are an adult child who worries about what will happen when your parents pass away — or if you have already started to notice warning signs like cognitive decline, outdated documents, or family tension over money — this article is for you. We are not going to talk about the basics of wills and trusts. You can find that anywhere. Instead, we are going to walk you through the seven specific disaster scenarios we encounter over and over in Ohio probate courts — real patterns that cost real families tens of thousands of dollars, years of litigation, and relationships that never recover. More importantly, we are going to tell you exactly what to do about each one, starting today. Why "We Have a Will" Is Not the Reassurance You Think It Is When most adult children ask their parents whether they have an estate plan, they are looking for one answer: "Yes, we have a will." And they breathe a sigh of relief. That relief is premature. [...]

The modern American family has evolved. Today, blended families are incredibly common, and the bond between a stepparent and a stepchild can be just as strong, loving, and real as any biological connection. You might have helped them with their middle school homework, paid for their college tuition, and walked them down the aisle. In your heart, they are your child. But in the eyes of an Ohio probate court? They are a legal stranger. If you pass away without a carefully drafted estate plan, your family falls right into the "Stepchild Gap." Here is why relying on the state to distribute your assets can leave the stepchildren you raised with absolutely nothing—and exactly how you can fix it. The Cold Reality of "Intestate" Succession When you die without a will, you are considered to have died intestate. Because you didn't leave your own instructions, the State of Ohio uses a default legal formula—known as the Statute of Descent and Distribution—to figure out who gets your house, your money, and your belongings. The problem? Ohio’s default formula is stuck in the past. It strictly recognizes only two types of children: Biological children Legally adopted children It does not matter if your stepchild lived with you for 30 years. It does not matter if everyone in your community knew you as their parent. If you did not formally adopt them in a court of law, Ohio intestacy laws dictate that your stepchild is entitled to exactly $0. The "We Never Got [...]

Winning Probate Disputes: Navigating the Complexities of the Inherited IRA 10-Year Rule When a loved one passes away, their Individual Retirement Account (IRA) is often one of the most valuable assets they leave behind. While IRAs are generally designed to bypass probate through direct beneficiary designations, they frequently become the epicenter of high-stakes estate litigation and probate disputes. For beneficiaries and executors, "winning" a probate case involving a substantial retirement account requires more than just proving your rightful claim in court. Thanks to the SECURE Act, it also means successfully navigating the treacherous tax implications of the IRA 10-Year Rule. At Godbey Law LLC, we know that a victory in probate court is only a true victory if you can protect the asset’s value once you secure it. Here is what you need to know about winning probate disputes involving inherited IRAs under the current laws. Understanding the 10-Year Rule: What Changed? For decades, non-spouse beneficiaries could "stretch" the distributions of an inherited IRA over their own lifetime, allowing the funds to grow tax-deferred for years. The SECURE Act of 2019 (and subsequent IRS clarifications) drastically changed this landscape. Today, most non-spouse beneficiaries—such as adult children—are classified as "Designated Beneficiaries." Under the 10-year rule, these beneficiaries must completely empty the inherited IRA by December 31st of the tenth year following the original owner’s death. Furthermore, if the original owner had already started taking Required Minimum Distributions (RMDs) before they died, the beneficiary must continue taking annual distributions during years 1 [...]

In 2026, the "traditional" family is no longer the standard. For many in the Greater Cincinnati area, families are a beautiful, complex blend of biological children, stepchildren, and second or third marriages. While these dynamics bring life and joy, they also create significant legal hurdles that standard, "one-size-fits-all" estate plans simply cannot handle. At Godbey Law LLC, we have spent decades at the intersection of family law and estate planning. This year, we are seeing a major shift in how our clients approach their legacy. We call it "Thoughtful Distribution." Gone are the days of the automatic 50/50 split. Instead, 2026 is about precision: ensuring your current spouse is comfortable for life, while guaranteeing that your biological children aren't accidentally disinherited by the "Stepchild Gap." The "Stepchild Gap" in Ohio Law Many of our clients are shocked to learn that under Ohio’s default "intestacy" laws, stepchildren have no automatic right to inherit. If you pass away without a specific plan, your stepchild—whom you may have raised for twenty years—could receive $0. Conversely, if you leave everything to your current spouse, you create a "Biological Child Risk." Once those assets transfer to your spouse, they are legally theirs. If your spouse eventually remarries or becomes estranged from your biological children, they can choose to leave your hard-earned legacy to their own family or a new partner, leaving your children with nothing. The 2026 Solution: Advanced Trust Strategies To solve this dilemma, we are helping our clients implement two powerful "win-win" tools [...]

As 2025 draws to a close, the team at Godbey Law wants to help you start the new year with more than just a fitness goal. We want to help you achieve total peace of mind. While New Year’s resolutions often focus on physical health, legal health is just as vital. If the unexpected were to happen in 2026, would your family know your wishes? Would they have the legal authority to manage your affairs? Before you commit to the treadmill or the new diet, we encourage you to secure your future by ensuring you have these three essential documents in place. 1. Advance Directive (Living Will) An Advance Directive is your voice when you cannot speak for yourself. It specifically outlines your preferences for end-of-life medical care. By documenting these wishes now, you spare your loved ones from having to make agonizing decisions during an already emotional time. 2. Durable Power of Attorney (DPOA) for Healthcare While a Living Will covers specific end-of-life scenarios, a DPOA for Healthcare designates a person you trust to make medical decisions for you if you become temporarily or permanently incapacitated. Whether it’s a sudden accident or a medical emergency, this document ensures that someone who understands your values is in charge of your care. 3. Durable Power of Attorney for Finances Financial responsibilities don't stop if you become ill or injured. A DPOA for finances allows a designated individual to manage your bank accounts, pay your mortgage, and handle your taxes. Without this [...]

Why TOD Deeds Are Suddenly Everywhere Transfer-on-Death (TOD) deeds are having a moment. From TikTok to YouTube to financial blogs, influencers are encouraging people to “skip probate for free” by adding TOD beneficiaries to their home, vehicles, and bank accounts. In Ohio, this trend is exploding. A TOD deed can be a useful tool — but only when it fits into a larger estate plan. Used incorrectly, it can create lawsuits, title problems, Medicaid penalties, and accidental disinheritance that families never see coming. At Godbey Law LLC, we’re seeing more and more Cincinnati-area clients who didn’t realize that one quick online form can undermine the entire estate they thought they were protecting. What Exactly Is a TOD Deed? A Transfer-on-Death deed allows you to name a beneficiary who automatically receives your real estate when you pass away. It avoids probate for that specific property and can be a helpful planning tool in certain situations. TOD designations can also apply to: Bank accounts Vehicles Investment accounts Certificates of deposit Brokerage accounts The idea is simple: avoid probate by passing property directly to a named beneficiary. But estate planning is rarely as simple as a single form — and that’s where problems arise. Why TOD Deeds Are Trending TOD deeds have gone viral because they: Are free or inexpensive to create Avoid probate for the specific asset Require no trust or will Can be filed quickly at the county recorder’s office Combine that with the rise of financial influencers and DIY [...]

When most people think of estate planning, they picture a Last Will and Testament—a formal document read after their passing that dictates who gets the house, the jewelry, and the savings. But in modern estate planning, your Will might be the least powerful document you own. Many people are shocked to learn that the "quick and easy" forms they signed at the bank branch or the DMV years ago—known as Pay on Death (POD) or Transfer on Death (TOD) designations—can completely nullify the careful instructions left in their Will. At Godbey Law, we often see families blindsided by these "hidden" estate plans. Here is why titling your accounts properly and keeping your beneficiaries updated is not just paperwork—it is the critical safeguard for your legacy. The "Override" Rule: Why Your Will Doesn't Win There is a common misconception that a Will acts as a "master trump card" for all your assets. In reality, a Will only controls assets that go through probate. Assets with a direct beneficiary designation—like a life insurance policy, a 401(k), or a checking account with a POD/TOD title—bypass the probate court entirely. They function like a contract between you and the bank. When you die, the bank looks at its computer screen, not your Will. Consider this all-too-common scenario: Mary has three children. Her Will clearly states that her assets should be divided equally among them. However, years ago, she put her oldest daughter, Sarah, as the sole POD beneficiary on her primary savings account to [...]

The government shutdown may have ended, but it left families across the country with a lasting reminder: you can’t always count on Washington to run smoothly. When agencies close, funding stalls, or court systems slow down, essential services that many people rely on can become disrupted overnight. And while these disruptions might feel far away, they can have a very real impact on what happens to your estate, your finances, and your loved ones if something unexpected occurs. That’s why more and more families are turning to what we call a “government-proof” estate plan — a plan designed to function smoothly even when public systems don’t. Why Government Uncertainty Affects Your Estate Plan A surprising number of estate planning steps depend on government operations, including: • Probate court timelines• Access to IRS transcripts for estate administration• Social Security and benefit verifications• Processing of certain filings and legal records• Agency staffing levels that determine how quickly estates move forward When the government shuts down or experiences delays, families can find themselves stuck waiting — sometimes for months. But with the right legal tools in place, many of these bottlenecks can be avoided entirely. What a “Government-Proof” Estate Plan Looks Like A government-proof plan is built to keep things moving even when public systems don’t. It includes: 1. A Revocable Living Trust Trusts allow your assets to transfer without probate, meaning your family isn’t delayed by court closures, backlogs, or reduced staffing. 2. Updated Powers of Attorney (Financial and Healthcare) If systems [...]

As we head into the holidays, most of us are thinking about gifts, travel plans, and time with family. But there is one gift that often gets overlooked. It is not wrapped in paper, and it does not fit under a tree. It is peace of mind. An updated and complete Estate Plan is a gift that protects the people you love, eliminates stress during crisis, and keeps control in your hands instead of leaving decisions up to a court. Why Now Life changes fast. In just the past year you may have: • Bought or sold a home• Changed jobs• Married or divorced• Welcomed a child or grandchild• Experienced a health change or caring for aging parents• Built a business or expanded investments Each of these events can make an existing estate plan outdated or trigger the need for one. What Happens Without a Plan Without valid documents in place, Ohio law decides: • Who receives your assets• Who becomes responsible for your minor children• Who can speak for you during a medical emergency• Whether your family must go through probate Many families are shocked to learn that not having a plan often costs far more time, money, and emotional energy than creating one. Estate Planning is Not Just for Wealthy Families An estate plan is not about how much you have. It is about who you love. For most families, the essential documents include: Last Will and TestamentDirects where your assets go and names guardians for minor children. [...]