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.” Technically and legally, no one NEEDS a will. The state of Ohio doesn’t require residents to have one. That is your choice if you don’t want to have a will. So, I guess the short answer is that no one NEEDS a will.
But let’s consider it from a “should” rather than “need” perspective. Answer the following three questions, and you’ll know if you should.
1 Do you have any assets? You probably don’t need a will if the answer is no. But before you move to the next question, let’s be clear: I’m not talking about assets like the rich and famous own: mansions, fancy cars, planes, boats, etc. By assets, I mean the basics, like a house (even a starter home with a mortgage), a car (even if you still owe on it), and a savings account at the local credit union. Those all count as assets. And it means if you die without a will, which is called dying “intestate,” the state will step in and decide on your behalf what to do with the things you own. Maybe you’re ok with that – I wouldn’t be.
2 Do you have any heirs? (That includes spouse, children, siblings, parents, or any other relatives near and far.) If you are 100% alone in the world, then the “to will or not to will” decision for you is different. Understand, if you don’t have heirs and you don’t have a will, the consequences will be that you will have gifted everything you own to the state. I will go out on a limb here and suggest that you don’t want that to happen. Not having heirs is not a good “excuse” to not have a will.
3 Do you have a close friend, a favorite charity, or a pet?
Consider: maybe your friend could really use some cash to pay down a student loan or add to their child’s college fund. Your favorite charity would be delighted to receive any donation you leave to them. What about pets? Having pets without written directions about what to do with them can end in tragedy. Too many pets end up in shelters and are sadly euthanized because their owners passed away and didn’t make arrangements for their care, including financial support. So, not having heirs really doesn’t give you a pass.
In closing, one last point about having a will. Many couples put off having a will because they know that if one passes away, the other will be the beneficiary, etc. While that is true in most cases, two things to consider. First, having your affairs in order will make things much easier for the surviving spouse. Like a road map, the will can guide everything from fending off claims from long-lost relatives who think they should get some of the estate to knowing just what funeral arrangements you want for yourself. Don’t make your spouse deal with issues that you can handle upfront. The second thing for your consideration is that sometimes, sadly, couples die at the same time, in auto accidents, for example. Without a will, your relatives are left to sort it out and, sadly, perhaps, fight about your joint estate. Don’t leave that mess to your loved ones.
If you do not have a will and do not think you should, let’s 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.
David H. Lefton | Attorney at Law
Barron Peck Bennie & Schlemmer
A Legal Professional Association
3074 Madison Road, Cincinnati, OH 45209
Oakley | OTR | Newport
T 513.721.1350 | F 513.721.5029
DHL@bpbslaw.com | www.davidlefton.com
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