Elliott helps protect what you earn, avoid unnecessary risks, and plan for success.
Email: Email Elliott
Cincinnati, Ohio – Attorney:
As an attorney with CMRS Law, Elliott’s legal services include Estate Planning, Asset Protection, Probate, and Business law in Cincinnati, Ohio. He works with clients on putting clear, concise estate plans in place. This includes representation during the administration of the Trust or Probate Estate. Elliott advises business owners on how to start and maintain legally sound businesses.
To provide clients with certainty, most legal services are based on flat rates. The flat rate for services is based on each client’s specific goals and the options selected to achieve those goals established in the initial consultation.
Elliott advises clients on Estate Planning, Probate, Trust Administration, and other forms of asset protection in Cincinnati, Ohio. He helps each client develop the best planning based on a review of the family’s goals. Most clients have questions such as:
What is an Estate Plan?
The word Estate is commonly associated with extreme wealth. But the word Estate means “all of your assets” no matter what the size.
An Estate Plan outlines how your property will be distributed upon your death and who will make important decisions if you are disabled.
How do you select the right plan?
Your specific needs determine what services will need to be provided. Our goal is to ensure that the individuals or charities you select receive the correct assets.
To achieve this goal, we help you balance options that limit taxation, ensure that the assets are used for their intended purpose, and avoid probate. This is the benefit of working with an Estate Planning attorney in Cincinnati, Ohio.
Estate Planning in the context of Elder Law helps clients with Medicaid asset protection and nursing home expense. Elliott regularly educates clients on the process of asset protection planning to avoid all assets being spent down to pay for nursing home expenses.
What does the planning process include?
During the planning process, we explain the purpose and effect of each step involved. With advice on the risks and implications, you decide which plan you prefer. Feel free to follow this link to see a summary of Trust and Estate Planning.
Examples of services include:
- Durable Power of Attorney;
- Health Care Power of Attorney;
- Living Will;
- Revocable Living Trust;
- Irrevocable Trust;
- Medicaid Asset Protection Trust;
- Special Needs Trust; and
- Transfer-on-Death Designations.
Elliott has created a summary of the difference between a Locked Trust vs. an Unlocked Trust. This summary covers the issues when deciding which type of trust addresses a client’s specific goals.
For adult children going off to college, it is essential to consider creating a Healthcare Power of Attorney and Financial Power of Attorney. These are vital documents to have in place if the adult child is incapacitated; without these legal documents in place, parents would be required to open probate (causing an unnecessary delay). Elliott has also created a summary of the different gifting methods for transfers to minor or adult children.
Our firm has created a summary of the Secure Act effective in 2020 and potential changes to your Estate Plan.
Elliott has created a visual summary of Estate Taxes. This includes issues related to citizens, residents, and non-residents of the US.
For those interested in modifying or terminating irrevocable trusts, Elliott has created an article that summarizes the potential income tax issues related to trust modifications.
Trust and Probate Administration
If your family member or loved one passes away with only a Will (or dies without a Will), we can help with probate administration. The administration process can take between six to twelve months and involves filings with the local county court.
Elliott also provides concise checklists to assist families in the event of an emergency. This includes guidance to executors, trustees, and powers of attorney. In addition, he supplies clients with flowcharts on estate planning and tax planning related to trusts and estates.
He has prepared a four-minute overview of the Probate process in Ohio, which includes answers to frequently asked questions.
Elliott regularly presents on topics related to estate planning, probate, and business law.
Elliott’s clients range from single-member, start-up businesses to large, privately-held companies. These business owners seek Elliott’s guidance on matters such as:
Selecting Business Entities
The purpose of entity selection is to determine which option would be best for your business to minimize liability and maximize tax advantages.
Examples of entities include Limited Liability Companies (LLC), S-Corporations, and C-Corporations.
Creating, Reviewing, & Negotiating Contracts
The purpose of a company’s contract is to protect the business owner. To this end, it is crucial to create contracts using language that can be understood by all parties involved. When all sides understand the terms of a contract, the likelihood of litigation is diminished.
Elliott has worked with clients on many commercial transactions including:
- Asset Purchase or Sale of Business Agreements (Letter of Intent);
- Buy/Sell Agreements;
- Employment Agreements;
- Independent Contractor Agreements;
- Licensing and Software Agreements;
- Non-compete Agreements;
- Operating Agreements;
- Purchase Agreements;
- Residential or Commercial Lease Agreements;
- Residential or Commercial Construction Agreements;
- Sale of Goods Agreements;
- Shareholder Agreements; and
- Security Agreements.
Protecting Intellectual Property
A business’s name and its work product are important factors in distinguishing it from the competition.
Protecting your intellectual property involves filing Trademarks, Servicemarks, and Copyrights, as well as advising you on issues regarding enforcement of these filings.
Protecting Real Property and Personal Assets
Business owners should always limit their exposure to potential liabilities. This includes business ventures which are susceptible to significant damages. We help insulate risk to avoid business damages affecting personal assets.
In November of 2007, Elliott joined the firm as an associate after graduating from law school. He worked as an associate until March of 2011 when he was made a partner of the firm at age 29.
Previously, Elliott clerked with the Formica Corporation’s in-house counsel. While in Formica’s legal department, he worked on the day-to-day legal needs of a multinational corporation with the company’s General Counsel. This work included: contract review, commercial transactions, trademark protection, employment-related issues, and assessment of international law.
As an extern with the Office of Chief Counsel for the Internal Revenue Service, Elliott resolved complex tax conflicts through negotiation, mediation, and administrative proceedings. He drafted appellant briefs and presented oral arguments on behalf of the United States Government in Tax Court.
Elliott received his Juris Doctorate from the University of Louisville School of Law. While at Louisville, he focused on courses to better serve individuals in creating their estate plans and business owners in pursuing their goals. Some of the honors he received while at the University of Louisville include: Dean’s Scholarship, being named to the Brandeis Inns of Court, and representing the school in Securities Law Moot Court.
Elliott also attended the University of Cincinnati, where he received his bachelor’s degree in Political Science. While at the University of Cincinnati, he was a member of multiple on-campus organizations and was tapped into the Honorary Order of the Omega.
- The State of Ohio
- The Commonwealth of Kentucky
- U.S. District Court Southern District of Ohio
- Board Chairman of La Terza Coffee
- Cancer Family Care Board of Trustees
- Gamma Xi Board Member
- Gem of the Highlands 5K Board Member
Professional Organization Membership
- 40 under 40 – Cincinnati Business Courier
- C-Change Class 7
- Cincinnati Bar Association
- Cincinnati Academy of Leadership for Lawyers
- Co-Founder of Linkinnati
- Kentucky Bar Association
- Honorable Order of Kentucky Colonels
- Ohio Bar Association
- Scottish Rite of Freemasonry
- University of Cincinnati Foundation – Planned Giving Committee
- Volunteer Lawyers Project (VLP) Panel Member
- Delta Tau Delta
- Phi Alpha Delta
- Order of Omega
When scheduling an appointment with Elliott, feel free to request either of our firm’s current locations:
Primary office: 123 Boggs Lane, 1st Floor, Cincinnati, Ohio 45246
Hyde Park/Central Cincinnati office: 2101 Grandin Road, Suite A, Cincinnati, OH 45208
Submit your confidential information prior to your meeting with Elliott Stapleton.
Required Disclaimer: These statements should not serve as a guarantee of the outcome for your specific legal matter. Prior results do not guarantee a similar outcome in your case. None of the statements above are to be construed as legal advice. Any testimonials, ratings, or statements of achievements are not to be construed as full assessments by all of an attorney’s clients, certification of the attorney’s services, or certification of a given area of focus for such attorney. The viewer should not interpret any direct or indirect comparison of our services with the services of others as a verifiable comparison, which could be substantiated through an objective process.