What You Need to Know About Creating a Will in Ohio

Tips for Ensuring Your Ohio Will is Controversy-Free

Our law firm believes that effective estate planning is important, regardless of your age or asset level.

Our mission is to deflate the estate planning process, equipping every Ohio resident with the knowledge and confidence to make informed decisions safeguarding their financial future and loved ones.

We’ve compiled a list of the most common questions we receive, providing you with a thorough understanding of this important aspect of estate planning.

1) What Occurs If You Die Without a Will in Ohio?

If you pass away without a will, known as dying “intestate,” your assets will be distributed according to Ohio’s intestate succession laws. This can lead to outcomes that might not align with your wishes, with your estate potentially passing to relatives in a manner predetermined by law, or in extreme cases, defaulting to the state if no relatives are found.

2) How Does Probate Work in Ohio?

Having a will means your estate must go through probate, a legal process where a court ensures that your documented wishes distribute your assets. This is required regardless of the estate’s size, highlighting the need for precise documentation and understanding potential tax impacts.

3) What Are the Differences Between a Last Will, a Living Will, and a Living Trust?

• Last Will: Takes effect after your death to direct how your assets should be distributed.
• Living Will: Specifies your healthcare preferences in cases where you cannot make decisions due to incapacitation.
• Living Trust: Facilitates managing and transferring your assets during your lifetime and after, avoiding the public and often lengthy probate process.

4) How Can a Living Trust and a Last Will Work Together?

Integrating a living trust with a last will can provide a robust estate planning strategy.

While a living trust offers efficient asset management and privacy, a previous will specify guardians for minors and express any final wishes not covered by the trust, ensuring your estate plan is comprehensive.

5) What Happens If I Want to Amend My Will in Ohio?

One common method is to create a codicil, an amendment that must be executed with the same formalities as the original will—meaning it needs to be written, signed, and witnessed according to Ohio’s legal requirements. Alternatively, you may draft a completely new will, explicitly stating that it revokes all prior wills and codicils.

This approach is often cleaner and reduces the potential for conflicts or confusion among the provisions of different documents.

Secure Your Legacy with Heban, Murphree & Lewandowski

Our firm blends the resourcefulness of a large law firm with the personalized attention of a smaller practice. We provide legal solutions molded to each client’s exceptional circumstances, guaranteeing that your estate planning achieves your personal objectives.

Contact us to see how we can assist you in creating a comprehensive and effective estate plan that meets your needs and fulfills your intentions.