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What is a Will?
A will is a legal document that expresses a person’s wishes about how their property should be distributed after they die. It can also appoint a guardian for minor children and name an executor to oversee the distribution of the estate.
If someone has children under 18, the very most important reason to make a will is to decide who will be their guardian. A guardian makes the decisions only a parent could make: where a child lives, goes to school, prays, and goes to the doctor.
Reasons for Making a Will
There are several reasons why a person in Ohio would need to make a will. First, if a person dies without a will, their property will be distributed according to Ohio’s intestacy laws. These laws may not distribute the property in the way that the person would have wanted. For example, if a person has no children and their spouse dies before them, their property will go to their parents, even if the person would have rather it go to their siblings or other relatives.
Second, a will can streamline probate, which is the legal process of administering a deceased person’s estate. Probate can be a lengthy and expensive process, and it can delay the distribution of the estate to the beneficiaries. A will that is properly drafted can help the probate process and save the beneficiaries time and money.
Finally, a will can provide peace of mind for the person who makes it. Knowing that their wishes about their property will be carried out after they die can give people a sense of security and comfort.
If a person in Ohio writes their own will without talking to a lawyer, there are several things that could go wrong. First, the will may not be valid if it is not properly drafted. For example, the will may not be signed by the person making it in the presence of two qualified witnesses under Ohio law. Or, the will may not include all of the necessary provisions, such as appointing a guardian for minor children or naming an executor.
Second, even if the will is valid, it may not be interpreted the way that the person making it intended. This is because wills are interpreted by the courts, and the courts may not understand the person’s wishes or may interpret the will in a way that is different from what the person intended.
Third, if a person writes their own will without talking to a lawyer, they may not be aware of all of their options. A lawyer can help the person to make sure that their will is valid and that it includes all of the necessary provisions. A lawyer can also help the person to understand their options and to make the best decisions for their estate.
If you are considering making a will, it is important to talk to an attorney. An attorney can help you to understand your options and to make sure that your will is valid and that it meets your needs. A good lawyer would rather help you make a will during your lifetime than handle the probate afterward for someone who did not have a will.
