It is understandable that many put off thinking about the inevitable. As a result, many Ohio residents pass away without a last will and testament, without a living trust, and without other plans in place. The result of this is that one’s assets will be distributed in a way that has been pre-determined by the state. It does not matter if this method of distribution is different from what the deceased would have wanted. Such a situation can also put a great deal of strain on the deceased’s loved ones. By creating a proper estate plan, however, one may rest easier knowing that their affairs are in order. This will allow one to focus on the most important thing – family. Our Dayton estate planning lawyers assist with the drafting of a will, drafting of a living trust, and the creation of other instruments, which will put your affairs in order. We are honored to have served the community for decades and we look forward to speaking with you. Contact us today to speak with an attorney.
Dayton attorneys creating a last will & testament as part of a broader estate plan
A last will and testament allows for an individual to state how their assets are to be divided upon their passing. Ohio is like other states in that, if one dies without a valid will, that person is considered to have passed “intestate.” This means that a deceased’s assets will be distributed in a way which has been pre-determined by Ohio statute. The deceased’s wishes are not considered when such a distribution is made. This can mean a result in which favored family members are cut out and where non-favored relatives, who the deceased did not wish to inherit, receive part of the estate. By having a will, one may prevent such an outcome from occurring.
Ohio is like many states in that it has requirements which must be met for a will to be considered “valid.” These requirements include the need for a will to be in writing, for the person making the will to be at least eighteen years of age, for two witnesses to either view the testator (the person making the will) signing the will or to have heard the testator state that their signature is upon the document. There are other requirements which must be met as well. These include the testator being of sound mind and body and that they not be under duress at the time of their signature. While these requirements may seem straightforward, drafting a will without an understanding of Ohio’s probate laws can lead to confusion and disagreements, when the time comes to administer a will. By retaining an experienced lawyer, you can help to avoid such problems.
Our Dayton estate planning attorneys assist with drafting a last will and testament. We will use your initial consultation to gain an understanding of your overall financial situation as well as your goals. We will then formulate a plan to help you meet those goals. We will also assist with the creation of other instruments which can be part of an effective estate plan. These include a living trust, a power of attorney, and any other necessary directives. We have been serving those in our region for decades and we look forward to being of assistance. Contact us online or by telephone today.
Lawyers helping Dayton, Ohio residents with keeping their estate plans up to date
Keeping an estate plan up to date can be just as crucial as creating one because circumstances can change over time. The birth of children or grandchildren may mean having to name new individuals in your will. Likewise, life events may require that individuals be removed from the document. It is important to realize that if your estate plan is not kept up to date then your previous intentions will govern the distribution of your assets. Our attorneys will stay in regular contact with their clients and take steps to ensure that a plan represents the client’s current circumstances. If you require assistance with updating an estate plan, we are able to assist you.
In addition to Dayton, our attorneys also assist those in the southwest Ohio areas of Beavercreek, Centerville, Clayton, Eaton, Englewood, Fairborn, Franklin, Harrison Township, Huber Heights, Kettering, Oakwood, Lebanon, Miami Township, Miamisburg, Piqua, Riverside, Springboro, Springfield, Tipp City, Trotwood, Troy, Vandalia, Waynesville, Washington Township, West Carrollton, Yellow Springs, and Xenia.