Articles / Wills

Do I need a Will?

It can be unnerving to draft a will.  In essence you are preparing for when you pass away, but like anything you do it is best to plan ahead and be prepared.

Think of a will as a way for you to provide your family the preparation they need (a guide / a roadmap) as to how you want your assets and liabilities handled when you pass away. 

Continue below. 

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In the State of Ohio, if you die intestate (i.e. no will) then State law provides the guidance.
Is that what you really want?  See below for my top 3 reasons to draft a will.
  1. LEGALLY BINDING - unless someone can prove you were not in your right mind when you signed the will (which is hard to do) then it is your spoken gospel.  What it says is what must be done, and the courts will ensure compliance.
  2. CHILDREN - there are potential unintended consequences should you pass away with underage children where at least one of them is not the bioloigical child of your surviving spouse.  Intestate laws in Ohio provide a percentage of your estate to those children which could result in assets being unnecessarily sold in order to comply.  Plus, let's say both you and your spouse pass away in some accident. Without a will to state who should be the guardian of your underage children the courts will decide.
  3. MAKE GIFTS  - We have all heard the stories.  Grandma said Jane was to have the family heirloom, but others heard differently.  A will lets you document exactly what and to whom you want an assets to go to so that there's no dispute.
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