Many people believe that verbally describing how they would like their assets divided after their death is enough to ensure their wishes are respected. Unfortunately, this is not the case without comprehensive estate planning, which gives your final instructions the power of a court order. Without a will, your loved ones may not even have the legal authority to honor your wishes after you’re gone.

Understanding Intestacy Laws

When an individual passes away without a will or proper estate planning, the probate court will distribute their assets according to a formula contained in state law. These guidelines do not take into consideration the quality of the relationships you nurtured in life, so your most important belongings may be given to relatives from whom you’re estranged or people you don’t even know. If the person selected by the state decides not to follow the wishes you expressed in life, the others you leave behind may not have legal recourse.

Intestacy Law in Ohio

Laws determining who inherits your property vary widely from state to state. In Ohio, for example, your spouse will receive the entirety of your estate, unless you have children from a previous marriage. If your spouse is not the parent of all of your children, they will receive a predetermined portion of your assets, with the rest going to your heirs. When a person without a spouse or children passes away, their belongings will go to their parents or siblings. In the end, if you have no surviving relatives, your belongings will go to the state instead of friends or favorite charities.

As complex as estate planning can be, it’s the only way to ensure that assets go to those you choose. The attorneys at Katzman, Logan, Halper and Bennett pride themselves on providing clients throughout the Cincinnati, OH, area with professional service and individual attention. Visit their website to learn more about their estate planning and other services, or call (513) 793-4400 to arrange a consultation with an accomplished lawyer.