Creating Wills in Ohio

Creating Wills in Ohio Is Essential to Estate Planning

Creating wills in Ohio for both you and your spouse may seem a little daunting on several levels and we certainly understand why. It can be difficult facing your own mortality and you might not even know where to start. However, recognize this: estate planning now is essential if you want to protect your assets in the future and guarantee that your accumulated wealth ends up in the hands of your loved ones. Although it is possible to create a will on your own, or even get one off the internet, working with an experienced and trusted Dayton attorney with Gudorf Law Group, LLC is vital if you desire the peace of mind that comes with knowing your estate is in order.

Answers to the 3 Most Frequently Asked Questions

1. What happens if I die without a will?

If you don't have a will, Ohio law determines how your property when you die. Typically, it will go to your spouse and/or children. If neither exists, it will go to your other closest relative/s. If no relatives can be located, it will go to the state.

2. With Wills in Ohio, should I name a guardian to care for my children?

Yes. If both parents pass or become unable to care for a young child, a “personal guardian” must step in and be responsible for raising your children until they become of age. You and the child's other parent can use your wills to elect someone to fill this position. However, you should be sure that both name the same person to avoid any potential conflicts. My “estate” isn’t complicated.

3. Can I create a handwritten will?

Handwritten wills with a notary or witness signature, are legal in about 25 states, although they may be ineffective for the transfer of real estate. Frankly, a will of this nature is better than nothing (provided it's valid in your state). However, keep in mind that if this type of will goes before a probate court, the judge may be unusually strict to be sure it's legitimate. It’s helpful to have a will written and/or authorized by a lawyer so that what you write isn’t ambiguous or even contrary to what you had in mind.

Creating Wills in Ohio: What You Need to Know

Below are key tips and information you need to know for:

  • Wills must be dated and signed by 2 witnesses
  • In Ohio, a surviving spouse has a legal right to claim a portion of your estate regardless of the terms of your will. It is however, legal to disinherit (grown) children.
  • Wills are not typically challenged in court. To contest a will successfully, an interested party must prove that the will contains a major flaw.

We would be happy to answer personally any additional questions you may have about wills in Ohio. Take us up on our free consultation and receive answers to your questions about wills in Ohio by clicking here now and contacting us for an appointment.

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Our Dayton attorney is available to offer further help with wills in Ohio. To learn more, please visit our Practice Areas page.