Creating a will is essential in planning for the future and ensuring your wishes are respected after your passing. If you reside in or near Blue Ash, Ohio, you must follow specific state laws and procedures to ensure your will is valid and effective.
What Are the Basic Requirements for a Will in Ohio?
In Ohio, a will must adhere to several legal requirements to be valid:
- The person making the will (known as the testator) must be at least 18 years old and possess mental capacity, meaning they understand the nature of their assets and the effects of their decisions.
- The will must be in written form; oral wills are not recognized.
- The testator must sign it. If the testator is unable to sign, another person may sign on their behalf, but this must be done in the testator’s presence and according to their direction.
- At least two individuals who are not beneficiaries must witness the will and sign it in the testator’s presence.
How Do I Choose an Executor for My Will?
The executor manages the estate, settles debts, and distributes assets according to the will. When choosing an executor, consider their trustworthiness and organizational skills. The person should be reliable and capable of handling financial and legal responsibilities.
It is also important that the executor is familiar with your personal and financial circumstances. Discuss the role with them beforehand to see if they can take on these responsibilities.
Can I Modify or Revoke My Will?
A will can be modified or revoked before the testator’s death, provided the testator is of sound mind. To make changes to a will, you can execute a codicil, which is an amendment to the original document. If you wish to revoke a will, you may do so by:
- Creating a new will that explicitly revokes the previous one.
- Destroying the existing will with the intention of revoking it.
- Executing a written document that explicitly states the revocation of the previous will.
What Happens If I Die Without a Will?
People often hesitate to create wills because they find the process overwhelming or are uncomfortable discussing their own mortality. We encourage you to have a will drawn up because dying without one means your estate will be distributed according to Ohio’s intestacy laws. These laws determine how your assets will be divided among your relatives, which may not reflect your wishes.
Typically, the estate is first divided between a surviving spouse and children. The estate may go to your parents if there is no spouse or children. In the absence of surviving parents, siblings may inherit the estate. The court will appoint an administrator to manage the estate, which can lead to additional legal expenses and delays.
What Are the Benefits of Working with an Attorney?
While creating a will without legal assistance is possible, working with an attorney can provide valuable benefits. They are familiar with legal issues and can create a will that specifies your wishes and complies with state laws. Attorneys can provide personalized advice tailored to your specific situation and goals, and their involvement can help reduce the risk of disputes among heirs by clearly outlining your intentions.
The Skilled Blue Ash Wills and Trusts Lawyers at Wolterman Law Office Offer Free Consultations
If you are ready to create a will or need assistance with estate planning, the knowledgeable Blue Ash wills and trusts lawyers at Wolterman Law Office can help. For a free consultation, submit our online form or call our Loveland, Ohio, office at 513-488-1135. We serve clients in Hamilton County, Fairfield, Norwood, and Forest Park.