Elliott Stapleton

Cincinnati, Ohio – Attorney – Partner

Phone: 513-334-0099

Email: Email Elliott

Attorney’s Areas of Focus

Elliott helps protect what you earnavoid unnecessary risk, and plan for success.

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.

Estate Planning

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 simply 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.

Elder Law

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.

Feel free to view his four-part video series on Elder Law asset protection and his other articles on this important planning topic.

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:

  • Will;
  • 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. Unlocked Trust. This summary covers the issues when deciding which type of trust addresses a client’s specific goals.

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. This includes the distribution process for a traditional IRA and Roth IRA.

Elliott regularly presents on topics related to estate planning and probate. He has prepared a four-minute overview of the Probate process in Ohio which includes answers to frequently asked questions.

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 in order 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 provide protection for the business owner. To this end, it is important 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.

Some examples of commercial transactions include:

  • Sale of Goods Agreements;
  • Operating Agreements;
  • Purchase Agreements;
  • Residential or Commercial Lease Agreements;
  • Supply Agreements;
  • Independent Contractor Agreements;
  • Employment Agreements;
  • Asset Purchase or Sale of Business Agreements;
  • Buy/Sell Agreements;
  • Licensing and Software Agreements;
  • Non-compete Agreements;
  • Residential or Commercial Construction 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.

Background

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: internal contract review, fiduciary compliance, 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. In addition, he assisted in the drafting of appellant briefs and presented oral arguments on behalf of the United States Government in Tax Court.

Education

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.

Bar Admissions

  • The State of Ohio
  • The Commonwealth of Kentucky
  • U.S. District Court Southern District of Ohio

Board Membership

Professional Organizations and Membership

Fraternal Organizations

  • Delta Tau Delta
  • Phi Alpha Delta
  • Order of Omega

Locations:

When scheduling an appointment with Elliott, feel free to request either of our firm’s current locations:

Main office: 123 Boggs Lane, 1st Floor, Cincinnati, Ohio 45246

Hyde Park/Central Cincinnati office2101 Grandin Road, Suite A, Cincinnati, OH 45208


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. Any direct or indirect comparison of our services with the services of others should not be interpreted by the viewer as a verifiable comparison which could be substantiated through any objective process.


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