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ESTATE PLANNING
transfer, even with help from an attorney, may cost that probate doesn’t become an unsurmountable He focuses his practice on real estate, small business
less than the filing fee to administer the probate hurdle that families avoid. and non-profit law. He works with various Cleveland
estate. Likewise, families can be educated to Other programs are helping individuals plan area Community Development Corporations on the
review beneficiary designations with their elderly ahead. Last Veteran’s Day, the CMBA partnered issues of real estate development. He is a frequent
relatives to ensure that insurance, bank accounts and with the Northern District of Ohio Chapter of the speaker on community development lawyering and
retirement funds can pass without probate. Families Federal Bar Association in the Wills for Veterans Nuisance Abatement Actions under O.R.C. Section
can also put together simple wills, providing for an initiative. Meanwhile, Scranton Road Ministries, 3767.41. He serves on the Board of Directors of
executor who can be responsible for making sure the a nonprofit legal services program, has organized Fairfax Renaissance Development Corporation. He
transfers take place and, where necessary, to handle mass will-writing days, where individuals can get has been a CMBA member since 2011. He can be
to disposition of real property. Planning may also a will drafted for $100. reached at (216) 367-1330 or mpy@gomylaw.com.
include placing a residential property in a trust to Finally, we make a call to action for Estate
preserve the property if and when the homeowner Planning Attorneys to consider opportunities to
needs long term nursing care. increase their pro bono services in non-traditional Catherine Donnelly is Senior
Educating the community about such simple markets. The impact you will have on underserved Associate at Yourkvitch & Dibo, LLC.
Estate Planning techniques would allow the communities will pay dividends in stronger She focuses on community
title and control of a property to be secure and communities and a stronger Greater Cleveland development law with a practice in
addressed in a cost-effective manner. Such planning for generations to come. the probate court. She is a board
would allow the elderly property owner to ensure member of Neighborhood Housing Services of
that the Property remains as an asset for future Greater Cleveland and The Meeting Place Learning
generations and reduce the complexity and cost Matthew P. Yourkvitch is the founding Center, a Cleveland Metropolitan Bar Foundation
for those future owners to acquire legal title to the partner of Yourkvitch & Dibo, LLC. Fellow and Secretary of the Women in Law Section
property. Education can reduce the risk of failing He is a graduate of Cleveland- She has been a CMBA member since 2009. She
to identify beneficiaries for retirement or financial Marshall College of Law, where he can be reached at (216) 367-1330 or cdonnelly@
accounts, which can transfer outside of the probate has served as an Adjunct Professor. gomylaw.com.
process. Accounts can be jointly held with rights
of survivorship which will allow them to pass
automatically to the survivor of the joint owners.
Making sure you leave a clean title is also a way
to be a good citizen and pay it forward. Clean title
means that a neighborhood can more quickly put
an unused property back into productive use before
it decays beyond saving. In the event the Property
owner does not have a prospective beneficiary to
take title to the property after their death, they
could identify a local nonprofit, for example the
neighborhood development corporation. The
neighborhood development corporation is likely
the party who will attempt to address the property’s
condition and title if it is inevitably abandoned
and advanced planning would allow them to do
so in an efficient and cost effective manner and
in furtherance of their missions to improve the
housing conditions in their neighborhoods. Such
planning allows the family legacy to remain as
an asset to the community and not an eyesore or
embarrassment to the “Old Johnson home” where
only the memories of it are cast in favorable light.
Fortunately, Cleveland’s legal community has
started to step up to provide wider access to Estate
Planning. First among these initiatives is the
Cuyahoga County Probate Court Clinic sponsored
by the Court and the Cleveland Metropolitan
Bar Association. The Cuyahoga County Probate
Court Resource Center is another valuable resource
for pro se executors and administrators. These
initiatives are demystifying the probate process so
June 2019 Cleveland Metropolitan Bar Journal | 39