Five Estate Planning Pitfalls and How to Avoid Them in Hillsboro, Ohio
- James Schroeder
- Oct 30
- 3 min read
Schroeder Law Group | Estate Planning Attorneys Serving Hillsboro & Highland County
Estate planning is one of the most important gifts you can leave your family — but it’s also one of the most overlooked. In Hillsboro, Ohio, where family farms, small businesses, and generational homes are common, a poorly executed estate plan can lead to probate delays, family disputes, and unnecessary taxes.
At Schroeder Law Group, our experienced estate planning attorneys help Hillsboro residents avoid the five most common estate planning pitfalls. From procrastination to DIY AI wills, here’s what you need to know — and how we can help.
1. Leaving Your Estate Plan Unfinished
The Problem
Only 24% of Americans have a will or estate plan in 2025, according to Caring.com — down from 33% in 2022. In Ohio, dying intestate (without a valid will) means the state decides who gets your assets — not you.
Even worse: outdated or unsigned documents become legally binding if you become incapacitated. A 92-year-old Hillsboro resident with a half-finished trust could leave heirs fighting over farmland or a family home for years.
The Solution
Finish your plan now. At Schroeder Law Group, we guide you through:
Drafting a valid Ohio will
Funding your revocable living trust
Updating beneficiary designations on life insurance and retirement accounts
Pro Tip: Ohio law requires specific formalities for wills and trusts. One missing signature can invalidate your entire plan.
2. Keeping Your Estate Plan a Secret
The Problem
Should you tell your kids who gets the family farm in Greenfield? What about the rental property in Lynchburg?
Transparency prevents surprises. Siblings often fight over “what Mom really wanted” — especially when one child got help with a down payment years ago.
The Solution
Controlled disclosure is key. We help Hillsboro families:
Host family meetings (with or without us present)
Draft letters of intent explaining unequal distributions
Use no-contest clauses to discourage challenges
“I wish my clients talked to their kids before I drafted the will,” says Attorney Jim Schroeder. “It saves conflict and money later.”
3. Confusing “Equal” with “Fair”
The Problem
One child got $50,000 for college. Another inherited Grandma’s house. Now you’re splitting $500,000 evenly — is that fair?
In blended families (common in Hillsboro after second marriages), fairness gets even trickier.
The Solution
Define “fair” on your terms. We help you:
Calculate lifetime gifts and offset them in the will
Use specific bequests (e.g., “Daughter gets the home; sons split the farm”)
Protect spousal rights under Ohio’s elective share laws
Ohio Law Alert: Spouses are entitled to at least one-third of the estate — even if disinherited.
4. Overworrying About Estate Taxes
The Problem
You’ve heard horror stories about the “death tax.” But most Ohio estates owe $0 in federal estate tax.
The Truth (2026 Exemptions)
Ohio has no estate tax (repealed in 2013). Only inheritance tax applies to certain beneficiaries — and even that’s rare.
The Real Tax Win: Step-Up in Basis
If you bought Apple stock at $10,000 and it’s worth $100,000 at death, your heirs pay $0 capital gains on the $90,000 profit.
5. Using AI or Online Wills
The Problem
“Free” online wills sound convenient — but they’re not Ohio-compliant. Missing witness signatures? Wrong notary language? Your heirs could spend $10,000+ in probate court fixing it.
The Solution
Work with a local attorney who knows Ohio law. At Schroeder Law Group, your plan includes:
State-specific documents
Proper execution (2 witnesses + notary)
Specific Legal advice to keep your family out of Court and Conflict
“AI can’t tell you if your trust avoids Ohio probate or protects you from creditors.” — Schroeder Law Group
Ready to Protect Your Hillsboro Legacy?
Don’t leave your family with probate headaches, tax surprises, or courtroom battles.
Schedule a free consultation with Schroeder Law Group today. We serve Hillsboro, Greenfield, Lynchburg, and all of Highland County, West Union, Seaman, Wichester and all of Adams County, Mount Orab, Sardinia, Ripley, Georgetown and all of Brown County.
Click Here to Book Your Estate Planning Strategy Session Review Or call (937) 555-0123
Schroeder Law Group – Trusted Estate Planning Attorneys in Hillsboro, Ohio This content is for educational purposes only and not legal advice. Consult an attorney for your specific situation.
