As an attorney in Cincinnati who helps clients with their wills, I am sometimes asked if there are cases where an individual doesn’t need a will. I guess it is the interpretation of the word “need.” The state of Ohio doesn’t require residents to have a will. Therefore, technically and legally, no one NEEDS a will. If you don’t want to have a will, that is your choice.
However, let’s shift the discussion. Let’s replace the word “need” with “should.” As in, “should everyone have a will?” My answer is yes, virtually all the time. Everyone should. I can only think of one situation where an individual can skip the whole will creation altogether. In my more than 30 years of estate planning experience, I’ve not run into this even once with a client. Here goes: If the individual in question has no heirs (parents, children, siblings, etc.), no assets of any kind (property, investments, savings, vehicles, etc.), no pets, and no personal belongings of value (antique furniture, collections of any kind, etc.) then no why bother? Few people fit this scenario. For everyone else, a will is important for several reasons. Here are my top three.
- If you die without a legally executed will, you are considered to have died “intestate” here in Ohio. Any attorney who helps clients with wills would advise you to avoid this because it may cause your heirs a lot of stress. They will already be grieving; why cause them more pain?
- A will is designed to designate who will be the executor, how you want your assets distributed after you die, who will serve as guardian of your minor children and the like. If you don’t have a will, the state, through the probate court process, will make the decisions on your behalf, and they might not be what you would have wanted. If it’s not in a legally executed will, your wishes may not happen. An attorney can help you quickly and easily create a will that avoids all these potential issues.
- One last and important reason to have an attorney help you with a will here in Cincinnati is that even if you have only one heir, no pets, and things should be straightforward, that one heir will be saddled with having to deal with meeting all the requirements set forth by the probate court to settle your estate.
There are more reasons to work with an attorney to create your will, but those are the top three. Here is an astounding statistic I’ve seen: only about 50% of adults in the U.S. have wills. That means the other 50% risk putting their loved ones through a lot of emotional stress dealing with a “no will” situation. Why do that to them? If you do not have a will, why not take the first step? Call me at 513-399-7526 or visit my website www.davidlefton.com to schedule a consultation. I’d be honored to help you.